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(영문) 대전지방법원 천안지원 2014.08.28 2014고단586
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On March 30, 2014, at around 01:50, 201: (a) A rocketing car was driven from the front side of the Gyeongnam-gu apartment in the Dong-dong-dong-dong-dong-dong-dong, 0.122% of alcohol level during alcohol level to the front side of the marmmomost oil station in the same Dong-dong-dong-dong-dong-dong-dong; (b)

2. While driving the said vehicle at the same time and at the same place under the influence of alcohol as above, the said vehicle driven the said five-lane road in front of the oil station was driven at an influent speed by one-lane from the surface of the tent to the surface of the tent. Since the vehicle was under the influence of alcohol at the time, there was a duty of care to immediately stop driving and stop the vehicle at a safe place. Thus, as long as the vehicle was under the duty of care to stop without delay and stop the vehicle at a safe place, the victim C (58 years old) who stopped due to the accident of the fluent vehicle was negligent in performing his duty of care while neglecting the duty of due to the flusing vehicle, and the back part of the flusty cab was concealed into the front part of the Defendant flusing vehicle, the victim suffered the injury, such as the flusium and tension, the victim E (22 years old) and F (22 years old) who are passengers of the said taxi, and the injury of each f2 week.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of the police officers against G or the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, report on detection of a primary driver (Evidence Serial No. 9), statement of the primary driver, statement of the executive status of the primary driver (No. 10), and written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Between the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents in the holding of each of Articles 40 and 50 of the Commercial Code: The violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest criminal situation.

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