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(영문) 서울서부지방법원 2016.10.18 2016고단2752

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 22:05 on July 11, 2016, the Defendant violated the Road Traffic Act (e.g., after-accident), while under the influence of alcohol level of 0.173%, the Defendant was driving as his/her duty of her blood alcohol level of 0.173%, and the Defendant driven the Eunpyeong-gu Seoul Metropolitan Government as his/her movable property at the seat of the two-lane between the fourth-lane distance and the two-lane distance.

In such cases, the driver of a motor vehicle as his/her duties has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system, such as taking the front side and left side well and accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected to stop due to negligence, and was in front of the Defendant’s vehicle after the E-Wood vehicle of the victim D's D' which was under a stop in the atmosphere of the Roman signal.

After all, the Defendant, by negligence in the course of performing the above duties, destroyed the property that is equivalent to KRW 742,00 of the repair cost, and escaped without immediately stopping the property and without taking necessary measures.

2. While the Defendant was under the influence of alcohol level of 0.173% at a time under the above provision of the Road Traffic Act, the Defendant was driving the B-learning car at a section of about 15 kilometers from Eunpyeong-gu Seoul Metropolitan Government to the roads near Eunpyeong-gu Seoul Metropolitan City (Seoul).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol, report on the control of a driving under the influence of alcohol, and statement on the occurrence of each traffic accident

1. Investigation report (Submission of a written estimate of the victim's DNA damaged vehicle);

1. Photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

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. The Criminal Procedure Act;