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(영문) 부산지방법원 동부지원 2013.07.04 2013고정517
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant as a driver of a low-speed car in B

1. On December 14, 2012, around 05:07, a person driving approximately one kilometer prior to the department store in Busan, Daegu Dok-dong, Busan, under the influence of the main alcohol concentration of blood alcohol in a zero point (0.142%).

2. Around 05:07 on December 14, 2012, the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle while under the influence of alcohol-related 05:07, a zero percent (0.142%) of the blood alcohol-related main store, and transferred it to a yacht stadium in the direction of the yacht field in Busan High-dong Busan High-dong department store.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely reporting the situation of prior traffic.

Nevertheless, the Defendant neglected to make a right-hand while entering the two-lanes of the four-lanes, and led the victim C (Nam, 57 years old) who was directly driving on the left-hand side of the moving direction, was under the influence of alcohol, and led to the left-hand side of the damaged vehicle by the front-hand side of the damaged vehicle.

As a result, the Defendant suffered a salt, tension, etc. from the victim due to occupational negligence for about three weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an employer-employed driver's license report, and an employer-employed driver's status report;

1. Report on investigation (Visits);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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