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(영문) 광주지방법원 2013.05.01 2013고정599

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding 5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant,

1. Around 16:15 on February 5, 2013, while under the influence of alcohol of 0.196% of the blood alcohol concentration, B Costex vehicle was driven by approximately 200 meters from the parking lot for children non-child-care at Gwangju Mine-gu to the front road of 702-2:

2. A driving of the said vehicle at the time and time as described in paragraph (1) of this Article, the said vehicle was driven by a non-child 798-4 reputation center in Gwangju Mine-gu, without taking necessary measures, such as immediately stopping the said vehicle in front of the left-hand fences of the Defendant’s vehicle so that its repair cost would be 1,572,066 won or more, and even if it was destroyed to damage the said non-child 798-4 reputation center to the front-hand apartment, the front-hand side and left-hand side of the front-hand side of the moving direction by neglecting the duty of care to safely drive the vehicle while maintaining a sufficient interval with the stopping vehicle in the vicinity.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. Application of the written estimate statutes;

1. Relevant provisions of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest limit shall be set at the lowest limit of the crimes of violation of the Road Traffic Act within the scope of the sum of the maximum amounts of two crimes, and the minimum limit shall be set at

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

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