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(영문) 대전지방법원 천안지원 2015.06.11 2015고정288
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B car;

At around 00:30 on December 5, 2014, the Defendant, while under the influence of alcohol of 0.143% of blood alcohol concentration, was driving the said vehicle, and led the roads in front of the “D” restaurant located in Seoan-gu, Seoan-gu, Seoan-gu, Incheon to the Ministry of Labor from the “E” page to the Ministry of Labor.

At the time, the above road is night, and the passage of pedestrians is frequent, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle by safely driving the vehicle, such as taking into account the passage and traffic situation of the front door, and accurately operating the steering system, etc.

Nevertheless, the Defendant neglected this and proceeds in a state where it is difficult to drive normally due to the influence of drinking, such as drinking, such as being breathed with snow and smelting, under the influence of alcohol, while under the influence of alcohol;

At the front of the road, the victim F(37 years of age) was shocked by the body part of the victim F(37 years of age) with the tight part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as a string of a chest boom that requires treatment for about two weeks, to the victim.

2. The Defendant was under the influence of 0.143% of the blood alcohol concentration at the time and place specified in the preceding paragraph, as seen above, and driving the said B Kanop car at approximately 10 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the report on the actual state of a drinking driver, the on-site investigation report on the death or injury caused by dangerous driving, and the ledger using the drinking measuring instruments;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury and the choice of fines) and Article 5-11 of the same Act concerning criminal facts;

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