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수원지방법원 성남지원 2018.09.20 2018고정736

도로교통법위반(음주운전)등

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. The Defendant is a driver of a car with a franchise in violation of the Road Traffic Act.

around 18:05 on April 1, 2018, the Defendant driven the said vehicle at approximately 15 km in front of the apartment apartment in the 25th century, in the shape of alcohol alcohol 0.139% (Yak-gu, Young-gu, Young-gu) in alcohol while driving the said vehicle at approximately 15 km in front of the apartment in the 10th century, Jak-gu, Seoul.

2. No one shall leave Articles on the road, which might impede the traffic flow of the road without permission therefor;

Nevertheless, on April 1, 2018, the Defendant, while under the influence of 0.139% of alcohol content during blood in around 18:16, 2018 (Yak-gu, Young-gu, Young-gu) and driving a Crane-do in the state of under the influence of alcohol content 0.139% (Yak-gu, Young-gu) and down the front road of the apartment in front of the 10 U.S. S. S. S. Jin-gu,

After receiving the rear part of the E E E-M vehicle from the victim's D Driving waiting in the signal waiting in high school, the above vehicle was left alone on the road and left the site.

By doing so, the defendant laid away things on the road which could interfere with traffic without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a report on detection of the driver at home, a report on the circumstances of the driver at home, and an investigation report (a report on the circumstances of the driver at home);

1. Application of the Acts and subordinate statutes to photographs by making a field photograph of an accident or by cutting CCTVs;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 4, Article 68 (2) of the Road Traffic Act (the point of leaving roads for traffic obstruction alone), the selection of fines for each crime;

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