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(영문) 부산지방법원 2014.11.25 2014고정4566
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives Bone Star Co., Ltd.

1. On March 30, 2013, at around 21:46, the Defendant driven the above passenger vehicles under the influence of alcohol by 0.187% in a distance of about 400 meters from 40 meters prior to the exit of the Tambling subway Station No. 4 in the same Dong, from the street, in the vicinity of the entrance in the same Dong, the Defendant driven the above passenger vehicles with a alcohol level of 0.187%.

2. The Defendant, while under the influence of alcohol as described in the above Paragraph 1, driven the above Lone Star Co., Ltd., and was in front of the entrance road No. 4 from the tring-dong to the west-dong from the tring-dong side of the tring-dong.

At the time, the defendant was driven by the victim C(39 years of age) in the same direction, following the Dunst car volume.

In such cases, a person engaged in driving service has a duty of care to ensure the safety distance to avoid the suspension of the motor vehicle, and to ensure the safety distance to avoid it.

Nevertheless, the Defendant, who was stopping due to the negligence of driving the said rocketing car due to the negligence close to the above rocketing car volume, was shocked with the front part of the said rocketing car.

Ultimately, the Defendant suffered from the injury of the victim C, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above, and the injury of the victim E (V, 41 years old) of the rocketing car in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on detection of reemployed drivers, and reports on the status of de facto drivers;

1. Each written diagnosis (C, E);

1. Application of Acts and subordinate statutes to photographs (vehicles and the measurement place);

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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