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(영문) 서울북부지방법원 2014.08.26 2014고정1555
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around 00:42 on January 27, 2014, the Defendant driven Daba under the influence of alcohol with a blood alcohol concentration of 0.138% from the 400-meter section around the literature and the gine restaurant located in the Gangseo-gu Seoul Western-gu, Seoul to the front road of the same Gu.

2. The defendant is a person who is engaged in driving duties under the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

On January 27, 2014, the Defendant driven the above Otoba while under the influence of alcohol of 0.138% with a blood alcohol concentration of 00:42, the Defendant driven the above Otoba, and driven the three-lane road in front B of the Seoul Gangnam-gu Seoul Metropolitan Government at a speed of about 30 km in speed from the flow distance to the flow along two-lanes.

The Defendant, under the influence of alcohol, was negligent in failing to properly operate the operation of the above Otoba in a situation where normal driving is difficult due to the influence of alcohol, caused the victim’s ES3 vehicle’s back part with the front wheels part of the above Otoba, thereby suffering from two weeks of injury, such as double gambling, which requires two weeks of treatment.

As a result, the defendant was injured by the victim by driving the above otoba in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicle photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and selection of fines for each

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

1. The fact that the defendant reflects his fault in depth in accordance with Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation; and

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