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(영문) 서울서부지방법원 2017.06.29 2017고정549
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

1. On February 5, 2017, the Defendant: (a) driven a Bi30-car under the influence of alcohol concentration of about 0.175% at the section of about 5km from the 404 west-gu, Seoyang-gu, Seoyang-gu, Seoul, to the front day of the new sexual traffic at a level of about 16:30 on February 5, 2017, while under the influence of alcohol concentration of about 0.175%.

2. On February 5, 2017, the Defendant is a person engaging in driving a motor vehicle, driving a motor vehicle B i30 motor vehicle around 16:30 on February 5, 2017, and driving a motor vehicle B i.30 motor vehicle in Eunpyeong-gu Seoul would drive the front of the road in front of the 7-ro 7 new Sari-dong Sari-dong from the front side of the new private road.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating his/her operation and steering system.

Nevertheless, by neglecting this, the Defendant committed a wrong operation by negligence while driving the vessel as it was, and thereby, did not take necessary measures, such as immediately leaving the vehicle of the victim C (65) of the victim C (65) who was behind the Defendant’s vehicle, so that the front part of the vehicle of the victim C (65), which was behind the Defendant’s vehicle, may not accurately become aware of the amount of the repair cost by collision with the lower vehicle, and immediately leaving the vehicle to check the damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to a survey report on actual condition, damaged vehicles and field photographs, reports on the detection of drivers of each State, reports on the circumstances of drivers in charge, internal investigation report (fluence image of damaged vehicles), photo-fluence photographs to cover boom images, consent to collection of blood, appraisal of alcohol concentration during blood, investigation report (in response to the results of collection of blood and the application of the aforementioned dmark);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after an accident) concerning the facts constituting an offense, the selection of each fine, and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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