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(영문) 수원지방법원 안양지원 2017.07.21 2017고정299
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK5 cars.

On January 7, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.097% from blood alcohol level around 08:30 on January 7, 2017, and driven the front side of the fugitive road that is scattered in the direction of spawn during the Anyang-si period, along the two-lanes of the five-lane breadth, toward the spawn distance from the spawn high-speed distance.

In such cases, a person engaged in driving duty has a duty of care to safely operate the steering gear and brake system by accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to the right side part of the victim D(54) E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, under the above occupational negligence, the defendant driving a motor vehicle while under the influence of alcohol, and suffered from the victim FF (23) who was on board the motor vehicle at the same time with approximately two weeks of treatment, with approximately two weeks of treatment. In addition, the defendant suffered from the injury on the right plehyle of the front wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. A traffic accident report;

1. Notice of the result of crackdown on driving drinking;

1. Each written diagnosis;

1. Application of vehicle photographs and on-site photographs statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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