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(영문) 서울중앙지방법원 2017.08.30 2017고단4918
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a driver of a small-scale B vehicle under the Road Traffic Act;

On December 12, 2017, around 00:45, the Defendant driven a certain area of approximately 100 meters from the alcohol house near the station of the Seocho-gu Seoul Metropolitan Government Steering Complex to the intersection of the station of the accident, which is the place of the accident, while under the influence of alcohol by 0.140% (blood collection measurement) of alcohol content in blood.

2. The defendant is the driver of the vehicle B in the sacity, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving);

On December 12, 2017, the Defendant driven the above vehicle while under the influence of alcohol content 0.140% (blood collection measurement) from blood transfusion around 00:45 on December 12, 2017, and driven the above vehicle to the history distance from the south side of the south side of the road at the south side of the lower side of the road, and her left turn to the left, in violation of the signal, even though it was an intersection signal from the straight distance to the front side.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and tried to see the front part of the vehicle (D) driven by the victim C (son, 66 years old) who was trying to go directly in the direction of salary-cheon at the seat of the counter-argue Hospital, following the right side of the vehicle.

As a result, the defendant suffered injury that requires approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver involved, and response to requests for appraisal by the State;

1. A fact-finding survey report and a statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Articles 148-2 (2) 2 and 44-1 of the Road Traffic Act (a point of driving under influence of alcohol), and each fine concerning the crime shall be selected.

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