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(영문) 서울동부지방법원 2013.06.25 2013고정1245

도로교통법위반(음주운전)등

Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 00:23, 2012. Around 00:0:23, the Defendant violated the Road Traffic Act (i.e., the accident-free vehicle) and (ii) driven the BAW on the 387-2-dong, Gangdong-gu, Seoul, drive the road on the front side of the U.S. 387-2 road, from the right intersection to the front side of the street-free city. In such a case, the driver has a duty of care to accurately operate the steering direction, brake and other devices of the vehicle, and to prevent the accident by accurately reporting the front, rear, and left and right and right and right and right and right and the operation of the vehicle.

The Defendant neglected such duty of care, and neglected the part of the Victim C’s “D,” which was stopped in the direction of the usual meeting from the right side of the road zone to the right side of the vehicle driving, and the part before the left side of the vehicle was shocked by the back part of the vehicle driving to the lower right side of the vehicle driving.

In such cases, the driver immediately left the workplace and took necessary measures against the damaged vehicle, but immediately left the site and escaped approximately one kilometer distance from the location of the accident.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle at approximately 1 km from the old road to the front road of 229-1 of the same Gu-dong 229-1, which is the place where the accident occurred, under the state of drinking alcohol concentration of 0.16% in the above temporary light.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2, 44 (1), 148, and 54 (1) of the Road Traffic Act, the choice of fines, and the choice of fines, respectively;

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

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;