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(영문) 인천지방법원 2015.06.24 2015고단1594
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving service of a vehicle with B investment vehicle volume.

At around 01:10 on March 20, 2015, the Defendant, while under the influence of alcohol of 0.230% of the DNA gas station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant proceeded at a speed of approximately 50km per hour from the side of the East Pungpo-gu to the speed of 0.230% of the blood alcohol concentration.

At all times, plastic separation units and leading bars are installed in the central line due to frequent number of people crossing the horizontal widths, and thus persons engaged in driving service have a duty of care to safely operate the steering wheel and the right and the right by reducing speed, and accurately manipulating the steering wheel and the system.

Nevertheless, under the influence of alcohol, the driver was negligent in proceeding to the center line with the driver, etc., who was installed at the center line by the driver, etc. of the above vehicle.

Ultimately, the Defendant did not take necessary measures even though he did not damage eight plastic separation units and three installation and repair costs of three inducement bars, which are managed by the transportation administration division of Bupyeong-gu Office, Bupyeong-gu, and the above occupational negligence, to the extent that the amount equivalent to KRW 1,704,780, and did not take necessary measures.

2. The Defendant, as seen above, driven a vehicle with the highest alcohol level of 0.230% under the influence of alcohol at a section of about 5km in the place of accident, starting from the Bupyeong-si East-si and driving the vehicle with the highest alcohol level of about 5km.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes related to traffic accidents, such as a written appraisal of blood alcohol and written estimate, and photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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