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(영문) 수원지방법원 안산지원 2013.04.05 2013고합43
도로교통법위반(음주운전)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

The Defendant is a person who is engaged in driving a B carren vehicle.

1. On September 18, 2012, at around 00:28, the Defendant driven the said vehicle at the section of approximately 6km from the Raco parking lot located in Ansan-gu, 541-4, Ansan-si, whose blood alcohol content is 0.210% and, at the same time, while under the influence of alcohol, the Defendant driven the said vehicle at the section of approximately 6km from the Raco parking lot in Ansan-gu, Ansan-si to the 79-6 knife-dong, Ansan-gu.

2. The Defendant, while under the influence of alcohol, driven the said vehicle and forced the foregoing vehicle into the speed of about 70 km from the waterside to the waterside in Incheon at a speed of about 70 km from the waterside to the waterside in accordance with the two-lanes of the 79-6-dong, Ansan-gu, Ansan-si.

In this case, there was a duty of care for those engaged in driving motor vehicles to live well on the front side and the left side and drive the steering gear accurately and safely.

Nevertheless, the Defendant neglected this and led the victim C (the 49-year old) who was in the same atmosphere as that of the vehicle ahead of the same lane by negligence, to the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, relevant photographs, traffic accident reports (1), (2) (1), and (2), the report on the detection of a primary driver, the circumstantial report of a primary driver, the medical certificate, and the written appraisal of blood alcohol;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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