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(영문) 서울중앙지방법원 2015.09.11 2015고정3261
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. At around 07:50 on July 13, 2015, the Defendant: (a) started from the area near the Pungnam-si, Sungnam-si, in the state of alcohol alcohol by 0.054%; and (b) driven C Rac car around the front road of Seocho-gu, Seoul to approximately 35km.

2. Around 07:50 on July 13, 2015, the Defendant driven a c rash car with four-lanes of Seoul Seocho-gu, Seoul, with a 0.054% alcohol concentration, while under the influence of alcohol at 0.054%.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol, and shall not drive the motor vehicle at a speed or in such a manner as to cause any danger and injury to others according to the structure and performance of the motor vehicle, and has the duty of care to report the traffic situation well and to prevent the accident in advance by safely driving

Nevertheless, the defendant neglected to drive a car while driving it, and the defendant's vehicle is driving in the same direction, which the victim D (the age of 47) drives in the same direction, and the latter part of the passenger vehicle is the front part of the C Ra car operated by the defendant.

As a result, the Defendant sustained injury to the victim by negligence in the course of business, such as “satisf, tension, etc.,” which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA preparation;

1. The actual condition survey report;

1. A traffic accident report;

1. Place where the drinking alcohol measurement is recorded;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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