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(영문) 수원지방법원 2020.08.21 2020고정516

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car B k3 vehicle.

On January 18, 2020, at around 01:00, the Defendant driven the said car under the influence of alcohol level of 0.120%, and proceeded to turn to the left from C to D on the right of the road No. 7-11, 298 at the upper and lower end of the flow of the car at 0.120%.

In this case, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right and the right and the right and the right, and to operate safely by accurately operating the steering gear.

Nevertheless, the Defendant neglected to make a left-hand turn due to negligence while under the influence of alcohol and received a separation zone between the drids and the central part of the Defendant’s car in front of the Defendant’s car.

After all, the Defendant, by the above occupational negligence, escaped without immediately stopping the said divers and the central separation zone, without taking necessary measures for preventing danger and smooth communication on the road, even after destroying and damaging the repair expense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness for the preparation of E;

1. Report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents), the selection of fines, and the selection of fines, respectively;

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

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

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