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(영문) 서울서부지방법원 2014.03.31 2014고정426
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B E-car.

On October 24, 2013, at around 04:05, the Defendant driven the said car while under the influence of alcohol of 0.158% with a blood alcohol concentration of 0.158%, and led the two-lanes of the four-lanes in front of the 338-4 Triri-dong Seoul, Eunpyeong-gu, Seoul, to go about about 10km per hour from the air basin to the air basin.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as not driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and reporting the traffic situation well, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and found that the previous victim C (the age of 55) driven a breath while driving the breath as above, and was immediately driven by the signal signal, but failed to avoid the situation, and led the front part of the Defendant’s vehicle to drive the breath part of the fscke car, which was driven by the victim E (the age of 27) while driving the breath in the front of the breath, led to the shock of the fscke car, which was driven by the victim E (the age of 27) who was waiting for the signal.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the above victims due to occupational negligence, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each traffic accident-related person (C and E);

1. A report on detection of a host driver;

1. Application of each written diagnosis (C and E) statute;

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

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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