서울동부지방법원 2016.05.31 2016고정556



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

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


Punishment of the crime

The defendant is a person engaged in driving a radar car.

On January 10, 2016, the Defendant driven the said car while under the influence of alcohol 0.107% in blood on 23:05 on January 10, 2016, and led the roads in front of Songpa-gu Seoul to the direction of a flow distance from the shooting distance of the Gu Office in Pakistan-gu.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and operation of the steering gear in a correct manner.

Nevertheless, the Defendant neglected this, while driving a vehicle while under the influence of alcohol as above, received the left-hand gap between the victim D(53) drive by the victim D(S) who had different lanes adjacent to the same direction.

Ultimately, the Defendant did not immediately stop and take necessary measures, while destroying the rocketing taxi with the aforementioned amounting to KRW 77,600 for repair costs due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on the measurement of drinking alcohol, a report on the detection of a driver with a main driver, a report on the circumstances of the driver with a main driver, a field photograph, a photo on the collision of vehicles, and a written estimate;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of a fine and the selection of a fine after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of drinking and the selection of a fine) of the Road Traffic Act;

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;