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(영문) 서울동부지방법원 2016.12.14 2016고단3562

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant violated the Road Traffic Act (unex-post measures) (hereinafter “Road Traffic Act”), even as a person who is engaged in driving of the brace B B east-do cargo vehicle, driving the said cargo vehicle with a blood alcohol concentration of 0.070%, while under the influence of alcohol around 21:10 on September 29, 2016, and led the road back from the surface of the brace apartment at the brace apartment at the same time.

At this point, there is a narrow side of one lane, and the victim D (29 years old) stops and sits above E in the right side of the direction of the defendant's back, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to operate the motor vehicle safely by properly operating the brake system and by properly checking the traffic conditions of the rear and right side.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as making a stop immediately and restoring damage, so that the part of the back part of the part of the victim's right side of the front part of the Defendant's vehicle may be equivalent to KRW 1,575,000 for repair costs.

2. On October 24, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 24, 2007; a summary order of KRW 700,000 to a fine for the same crime at the same court on November 9, 2007; and on April 1, 2008, by the Seoul Central District Court on April 1, 2008, the Defendant was sentenced to a penalty of KRW 4 months and a suspended sentence of two years.

In other words, the Defendant once and at the same time and place as described in paragraph (1), driven the B B-house cargo while under the influence of alcohol content of 0.070%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement on the occurrence of a traffic accident in DNA;

1. The actual survey report and the traffic accident;

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