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(영문) 인천지방법원 2019.11.29 2019고정1956

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 21:20 on May 31, 2019, the Defendant driven a CMW car at a section of approximately 700 meters from the front road in front of the name name of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the same front of the road under the influence of alcohol concentration of 0.082%.

2. No driver of any motor vehicle in violation of the Road Traffic Act shall drive a motor vehicle in distress which threatens or inflicts any danger or injury to any other person, or causes any danger or injury to traffic;

Nevertheless, the defendant, at the time and place specified in Paragraph 1, has continuously maintained the central collision, etc., and continued to drive a diversous driving to cause danger to other drivers who have passed the same road or cause danger to traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A report on internal investigation:

1. Application of the police patrol box and video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 151-2 and subparagraph 3 of Article 46-3 of the Road Traffic Act (the point of a ckless driving)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy sckless driving);

1. Selection of an alternative fine for punishment;

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

1. The defendant asserts that Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any fact of climatic driving.

Article 46-3 of the Road Traffic Act provides that no driver of a motor vehicle shall threaten or threaten another person or cause danger to traffic by consecutively committing more than one of the following acts or by continuing or repeating one act:

According to the video of the police patrol box, the defendant is in front of the Incheon Bupyeong-gu.