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(영문) 서울중앙지방법원 2013.06.04 2012고정1065
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving service of CM5 vehicles.

On November 23, 2011, the Defendant driven the said car while under the influence of alcohol on November 23, 2011, and driven the four-lane road in the front of Dobong-dong 1661-14, Seocheon-gu, Seoul, Seoul, toward the direction of the scarcity at a speed that makes it impossible to identify the speed of time according to three-lanes.

Since the Defendant was under the influence of alcohol at the time, the Defendant is not able to drive a motor vehicle while normal driving is difficult due to influence of alcohol, and is obliged to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected to proceed with it and proceeded on the two-lanes on the left side of the moving direction, followed by the right-hand side of the vehicle volume driven by the victim D, and led to a part above the left-hand side of the vehicle where the defendant drives.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, avoided the repair cost of KRW 827,292, such as exchange and maintenance of a panion vehicle to the extent that the above pans vehicle was damaged, and escaped without taking necessary measures, such as stopping and providing relief to the victim.

2. On November 23, 201, at around 03:35, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes from around 04:06 on the same day, on the ground that there are reasonable grounds to recognize that the Defendant driven a SS5 car with drinking on the front of the 1661-14, Seocheon-gu, Seoul Special Metropolitan City.

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