(영문) 수원지방법원 여주지원 2012.12.28 2012고정135

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2012.12.28 2012고정135

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B gallon vehicles.

On March 26, 2010, at around 22:15, the Defendant: (a) driven the said vehicle under the influence of alcohol by 0.360% ( blood collection) with a blood alcohol concentration of 0.360% (blood); and (b) driven approximately 100 meters at the front of the light gymnasium in public interest, starting from the market located in the Yang Pyeong-si Yangyang-si, Yangyang-si.

B. The Defendant, while under the influence of alcohol, driven the said vehicle, and driven the front road of the light gymnasium at the level of a speed of about 15 km from both horizontal middle school room at the parallel market level.

Since the place of accident is a road, there was a duty of care to prevent accidents by putting a sense as a driver, seeing the front line as a driver, and accurately operating the steering and brakes, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, closely proceeded and parked on the right side of the running direction, was shocked to the front part of the Defendant’s vehicle, and the front part of the Defendant’s vehicle was tightly sealed to the front part of the damaged vehicle, thereby having the front part of the DP vehicle as the front part of the damaged vehicle.

The Defendant suffered material damage equivalent to KRW 1,946,725 from the repair cost on the part of the Defendant’s occupational negligence.

(D) No passenger car volume shall be damaged. A summary of the evidence

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Requests for appraisal of blood alcohol concentration and response to requests for appraisal;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a written estimate related to accidents;

1. Article 148-2 subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010); Article 151 of the aforementioned Act (amended by Act No. 10382, Jul. 23, 201); the selection of fines for negligence;

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

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