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(영문) 서울서부지방법원 2019.06.04 2019고단1073
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around March 3, 2019: (a) the Defendant was under the influence of alcohol on March 3, 2019; (b) around 08:14, the Defendant driven a D-to-purd car from the “C” parking lot located in Eunpyeong-gu Seoul Metropolitan Government to the back road with a nearby house from the “C” parking lot to the back road.

2. On March 3, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with blood alcohol concentration of 0.129% listed in paragraph (1) while under the influence of alcohol on March 3, 2019, and led to the progress of a house without any prior lane in Eunpyeong-gu Seoul Metropolitan Government “C”.

In a situation where normal driving is difficult due to the influence of alcohol, it is difficult to drive a motor vehicle, and there is no distinction between delivery and vehicular road, and it was a road within a housing complex with a lot of people's traffic. In such a case, a person engaged in driving a motor vehicle has a duty of care to operate a motor vehicle safely by properly manipulating the steering direction and brake system while living well in the rear.

Nevertheless, the defendant neglected this and failed to look well at the back of the back, and caused the victim E (the 32-year old age) to go back to the back of the defendant due to the negligence of the defendant, and caused the victim F (the 31-year old age), who was seated in the back of the back of the defendant, to go up with the bridge part of the victim F (the 31-year age), who was pushed up in the front of the E, due to the shock of the said vehicle.

As a result, the Defendant driven the said A-Wurt-Wur-Wur-Wurl Vehicle under the influence of drinking, and suffered from the injury of the victims, such as dump dump, tension, etc. for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by E and F;

1. A traffic accident report (1) (1) and a copy of the investigation report, the results of the control of drinking driving, and a copy of the circumstantial statement of a drinking driver (A);

1. Application of each written diagnosis (E, F) statute;

1. Criminal facts;

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