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(영문) 서울중앙지방법원 2017.11.01 2017고단5381
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 24, 2017, the Defendant, while under the influence of alcohol level of 0.186% from blood alcohol level around 22:06, driven a car at a G Belgium at approximately 700 meters in front of the Dongjak-gu Seoul Nowon Police Station located in 148 in the same old Nowon-gu, Nowon-gu, Seoul, to the three-lane road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On June 24, 2017, the Defendant was under the influence of alcohol level of 0.186% during blood transfusion around 22:06, and the Defendant was driving a G Belgium car with three-lanes in front of the Dongjak-gu Seoul Metropolitan Government Nowon-gu Police Station in front of the same Gu Nowon-gu 148.

In such cases, there was a duty of care to avoid drinking to a person engaged in driving of a motor vehicle, and to prevent accidents by safely driving a motor vehicle by reporting the traffic situation well.

Nevertheless, the Defendant, while drinking alcohol and neglecting to do so, was owned by the victim H, who was stopped in the atmosphere of the above signal and was under the influence of the Defendant, and was under the influence of the JW Ha (36 S, South) driving, and then was under the influence of the Defendant’s vehicle.

In the end, the defendant damaged the property that is equivalent to KRW 1,042,193 in the estimation of the repair on the damaged vehicle due to the above occupational negligence of the defendant.

2. The above facts charged are crimes falling under Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s explicit intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

After the prosecution of this case, the defendant submitted a written agreement with the victim, and the written agreement does not want punishment of the victim.

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