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(영문) 서울동부지방법원 2015.11.27 2015고정1846
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a special motor vehicle (a prior vehicle that has been specially manufactured so as to transport goods in the passenger car type or B market).

1. On August 15, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven the above vehicle under the influence of alcohol concentration of 0.076% in the Songpa-gu Seoul Metropolitan City B market, and driven the vehicle at a speed of about 2 km as soon as possible in the direction of C from the surface of the passage board without the trade name in C.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to report the traffic situation before and after the left and right, and to prevent accidents in advance by safely driving

Nevertheless, the defendant neglected to do so and neglected to do so.

The knenee portion of the victim D (the age of 48) who was unloading goods on the road of the auction site was knee part of the front right-hand cargo section of the defendant's driver's driving, and the victim was injured by both slots that require approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driven a type of passenger-only vehicle without a license plate from the Do in front of the passage board (on board) without a trade name in B market to C in the same market at a level of about 50 meters, while under the influence of alcohol with a 0.076% alcohol concentration at the same time as that in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report (1) (1)

1. A medical certificate;

1. Records of the measurement of drinking alcohol and reports on drinking drivers;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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