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(영문) 서울남부지방법원 2016.06.16 2015고정1687
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 30, 2015, around 22:05, the Defendant driven a F Kazon vehicle with approximately 100m alcohol concentration of 0.059% in blood while under the influence of alcohol from 19:5 to 100m in the front of E real estate located in Gangseo-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Statement made by the defendant in the first trial record (a statement to the effect that drinking is recognized);

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Place as a result of drinking;

1. Application of the investigation report (the application of the above dmark formula) statute;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On April 30, 2015, the Defendant: (a) driven a F knife vehicle with alcohol content of 0.059% at around 22:05, while under the influence of alcohol in blood; (b) led to the driving of the Fknife vehicle in front of the real estate located in Gangseo-gu Seoul Metropolitan Government D from the direction of the well-finite high school.

At night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and to accurately operate the steering gear and the system.

The Defendant, while under the influence of alcohol, walked behind the vehicle that the Defendant drives by negligence, with the rear part of the vehicle that the Defendant drives.

G (n, 32 tax) was shocked by the victim H (n, 28 years old) and caused the victim H to suffer early injury without only two weeks of medical treatment.

2. According to the witness G and H’s statement part in the second trial protocol, G was faced with the front part of the Defendant’s drive vehicle, which was in progress by G, and due to that reason, was adjacent to G.

The facts that H was pushed back by the Defendant are recognized (the Defendant does not confirm the face of H, according to the images of the evidence No. 3 submitted by the Defendant.

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