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(영문) 인천지방법원 2017.05.18 2017고단1007
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS5 car.

1. On December 5, 2016, the Defendant was driving in the state of alcohol content 0.145% in a section of about 1km from the Heung-gu Cheongdong-gu Sodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

2. Around 21:50 on December 5, 2016, the Defendant: (a) driven the said K5-car on the same day; (b) led the front of the road in the Heung-gu Seoul Special Metropolitan City E to turn to the left from the screen of the juvenile training hall; and (c) led the front of the road in the Heung-gu Seoul Special Metropolitan City to the left turn to the left from the screen of the chip company.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe signals and prevent accidents in advance by driving the motor vehicle so that it does not interfere with other motor vehicles running on the road that is going to enter the front and right side of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol, and neglected to turn to the left, as in the above paragraph 1 above, due to the negligence of failing to go to the right at the front of the vehicle for which a normal driving is difficult, and the Defendant shocked from the left side of the Defendant’s running direction to the right by the victim G(30 tax) who was going to a straight line with the victim G(30) who was driving on the right side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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