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(영문) 수원지방법원 안산지원 2018.12.20 2018고단3704
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 7, 2018, the Defendant: (a) driven a CM3 vehicle while under the influence of alcohol with approximately 0.188% alcohol concentration at approximately 10 meters from the 10-meter radius to the 10-meter road in the front of the Kulsan-si, Nowon-gu, Nowon-gu, Seoul-si.

2. The Defendant is a person who is engaged in driving a vehicle of CM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant driven the above vehicle while under the influence of 0.188% alcohol concentration in blood during the daily border like Paragraph 1, and led the front road of the member B of Ansan-si to the D elementary school from the shooting distance room to the D elementary school.

At the time, the location is a light-way road, and in such cases, the driver of the vehicle has a duty of care to safely maintain the condition of the vehicle and prevent the accident by thoroughly maintaining the brake system in the case of getting off the vehicle.

Nevertheless, the Defendant, without thoroughly keeping the brakes such as placing the vehicle in a neutral zone without any buck, followed the Defendant’s vehicle behind by negligence without thoroughly operating the brakes. However, the Defendant shocked the front part of the FK5 taxi driven by the victim E who was standing in the rear and stopped in the rear, with the rear part of the MF3 vehicle.

Ultimately, the Defendant suffered from the injury of the victim E, such as salt, tensions, etc., which requires approximately two weeks of medical treatment by occupational negligence as above, and the victim G, H, and I, who is the passenger of the victim vehicle, suffered from the injury, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Traffic accident reporting (1) (2) and the application of Acts and subordinate statutes concerning drinking water;

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense (Article 148-2(2)2 and Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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