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(영문) 부산지방법원 동부지원 2015.04.16 2014고정1625

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

1. Around 04:20 on July 20, 2014, the Defendant violated the Road Traffic Act (driving) and driven a B-to-pur vehicle at a level of 0.095% alcohol level at around 04:20%, to the front of the D services in the same region at the high-speed cooling parking lot located in Busan Metropolitan City, Busan Metropolitan City (hereinafter referred to as “Seoul Metropolitan City”).

2. Violation of the Road Traffic Act (In the event of an accident) the Defendant driven the said car at a temporary crossing and proceeded with the two-lanes of the two-lanes in front of the said D Services, namely, the two-lanes in front of the said D Services, and the two-lanes in front of the said D Services. In such a case, it was difficult at the time to view the front door, and thus, there was a duty of care to safely proceed by accurately operating the steering direction and operation of the brakes by taking into account the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, failed to stop immediately, and did not stop and take necessary measures, even though he received a part of the Ecokedo-Ban vehicle, which was parked at the right edge of the proceeding direction, from the rearer of the vehicle driving by the Defendant, and damaged the said Ccodo-Ban vehicle by KRW 788,291.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the F prepared by the police;

1. Reports on traffic accidents, reports on the status of a driver, and reports on detection of a driver by police, respectively;

1. Entry of a copy of a written estimate of insurance acceptance expenses (written statement of evidence, No. 53);

1. Application of each video statute to an accident vehicle and on-site photograph (Evidence No. 37-42 pages);

1. Article 1 of the relevant Act and Article 1 of the decision on the selection of punishment for a crime: Point 2 of the decision on Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;