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(영문) 서울서부지방법원 2015.02.11 2014고정2221
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 23, 2012, the Defendant: (a) driven the said vehicle under the influence of alcohol level of 0.130% on August 23, 2012; (b) operated six-lanes in front of the Seoul Mapo-gu Seoul building at the upper and lower school level to four-lanes on the surface of the Korea National Defense University.

At this point, there is an intersection where signal lights are installed, so a person engaged in driving service is accurately operating the steering and steering gear, and even if there is a duty of care to safely proceed by adjusting speed in advance, the defendant neglected this duty and received the back portion of the victim D (ma, 55 years old) E-rayed vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in which the defendant drives.

The Defendant, by such occupational negligence, suffered injury to the victim D, such as climatic salt, etc., which requires approximately three weeks of medical treatment, and injury to the victim F (V, 49 years of age) who is the passenger of the damaged vehicle, such as cerebral sugar, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographs of an accident vehicle;

1. Each written diagnosis;

1. The application of police investigation reports (report on the application of the Tramark) statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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