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(영문) 수원지방법원 2020.05.29 2020고단528
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2019, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support.

【Criminal Facts】

The Defendant is a person who is engaged in driving a freight of 6.5 tons for Korean commercial use.

On January 18, 2020, at around 09:39, the Defendant driven the above vehicle while under the influence of alcohol 0.093% of alcohol level, and led the 69 U.S. chemical shooting distance from C to OTG outflow.

Since a crosswalk is installed, in such a case, a driver has a duty of care to safely drive the road by thoroughly and temporarily stopping the front door and the left door door, and reducing or temporarily stopping the speed.

Nevertheless, the Defendant neglected this and went through by bypassing it as it is, due to the negligence of being driven by the Defendant, and the Defendant’s failure, brought the bicycle front part of the victim E(71) driving, which gets a bicycle along with a green signal, such as pedestrian signal, was shocked with the front part of the above Defendant’s driving vehicle.

As a result, the Defendant suffered multiple scambling in need of treatment for about two weeks due to the above occupational negligence, and violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report, the report on the occurrence of traffic accidents, the report on the results of the regulation of drinking driving, the report on the circumstantial statements of drinking drivers, and the investigation report (the circumstantial report of drinking drivers);

1. A medical certificate;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), Article 3 (1) and proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Criminal Act;

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