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(영문) 대전지방법원서산지원 2020.11.27 2020고단1103

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around 22:40 on June 19, 2020, the Defendant driving a vehicle under the influence of alcohol level of 0.212% without obtaining a driver’s license in the section of about 19 km from the Seocho-si B apartment road to the front road in the same city C at the same time. The Defendant driven a vehicle under the influence of alcohol level of 0.212%.

2. Violation of the Road Traffic Act (AF) while driving a high-speed car such as a temporary border such as the preceding paragraph and driving from the National Pension Service to H from the front of the “G” road in Western City F, the Defendant: (a) had been parked in front of the said high-speed car in front of the Defendant’s running direction; (b) had the victim I, who was parked in front of the Defendant’s driving direction; and (c) had continued to park in front of the right side; (d) had received the rear portion of the JE300 car owned by the victim K, which was parked in front of the right side; and (d) had not provided the victims with personal information by immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The driver's license register of notification of the results of the drinking driving control, the report on circumstances of drinking drivers;

1. On-site photographs;

1. Application of the statutes governing vehicle estimates;

1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the provision of personal information after an accident);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the background and distance of the driving, blood alcohol concentration, and criminal records.