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(영문) 대구지방법원 2018.01.18 2017고단5286
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. The Defendant is a person who is engaged in driving a vehicle BM6 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 16, 2017, the Defendant driven the said car under the influence of alcohol content of 0.142% from blood transfusion around 20:30 on August 16, 2017, and driven the D Mart front road in Yongcheon-si C from the superfriside to the median distance outflow.

A defendant engaged in driving service has a duty of care to safely drive his or her steering by accurately operating the steering gear and steering gear.

Nevertheless, due to the negligence of neglecting this, the part of the driver's seat of the Fpoter's Fpoter's driver's vehicle of the victim E (S 46) who was in the two-lanes of the same side of the left-hand and left-hand, conflict with the front part of the above car operation.

The above victim suffered bodily injury such as cinal salt that requires two weeks' medical treatment due to the occupational negligence of the victim.

2. Violation of traffic Acts on roads;

A. On August 16, 2017, around 20:30, the Defendant driven a 6-car as indicated in paragraph (1) while under the influence of alcohol content 0.142% while under the influence of alcohol on the part of approximately 1km from Yong-si, Yong-si to D Mtet in the same city C.

B. On August 16, 2017, at around 21:10, the Defendant driven a SM6 vehicle listed in paragraph (1) while drunkly under the influence of alcohol content of approximately 1.5 km from the Central Dong community service center located in Seocheon-si, Seocheon-si to the road in front of the filial plastic vinyl located in the same Sinsi-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Investigation report on the actual condition of a driver, report on the circumstances of the driver in charge (Evidence List 6), inquiry about the results of crackdown on the driving of alcohol, and application of Acts and subordinate statutes reporting on the operating of alcohol;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Settlement of Optional Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental) and Article 268 of the Criminal Act, respectively.

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