logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.05.26 2016고정104
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

The defendant is a BMW driver.

On October 25, 2015, the Defendant was under the influence of alcohol level of 0.156% from the blood alcohol level around 19:42, the Defendant driven approximately 3 km from the vicinity of the Busan Southern-gu to the front of the apartment complex located in the Busan metropolitan traffic Daegu, thereby driving the said vehicle from around 0.156%, and driving about 5 km from around 5,000 to around 5,00, at around 5,000, the said vehicle was under the influence of 4 km from the front side of the said apartment at e-br3rd level.

In this case, there was a duty of care to safely drive a vehicle, such as making it possible for a person engaged in driving a vehicle to live well on the front side and the left side, and accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected this and caused on the left-hand sprinked spons of the victim C (Y, 41 years old) who stops under the breath subparagraph due to the negligence of driving while under the influence of alcohol, and caused about two weeks to the victim by shocking the panion behind the rocketing cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44-4(1) (the occupation of drinking and the selection of fines), Article 3-1 and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow