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(영문) 부산지방법원 동부지원 2016.06.24 2016고정552
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 200,000 won shall be one day.

Reasons

Punishment of the crime

On October 22, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court on October 22, 2009, and was sentenced to a fine of two million won as a crime of violating the Road Traffic Act at the Busan District Court on November 1, 2010.

On January 30, 2016, while the Defendant was under the influence of alcohol level of 0.095% among the blood transfusions around 19:00, the Defendant driven the said vehicle, and drive approximately 3 KK to the front of the original intersection located in the Geum-gu, Busan, Daegu, Busan, while driving the said vehicle at the speed of about 5 Km in front of the original intersection located in the Geum-dong, the Defendant turned the front side of the said original intersection to the right-hand left-hand left-hand side from the intersection of the original road along the five-lanes between the 7-lanes.

In such a case, there was a duty of care to prevent accidents in the future, such as reducing the speed of vehicles and accurately operating steering the steering direction and brakes, and driving safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and caused the injury of the victim C (22) drivered by the driver of the victim C (22 Do) who proceeded to cross-section from the right side of the vehicle to the left side of the vehicle due to the shock of the driver's dalbb, thereby causing approximately two weeks of unknown cryp, tension, etc. to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the traffic accident report, diagnosis report, and report on detection of a primary driver;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the choice of each fine) concerning criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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