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(영문) 인천지방법원 2013.11.15 2013고정3489
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 14:00 on May 26, 2013, the Defendant used approximately 7km from the place of fishing in which the trade name is known even in the middle-gu Incheon Jung-gu, Incheon to the 1452-6 front street in the south-gu, Incheon, to the 0.149% alcohol concentration of blood alcohol.

2. Violation of the Road Traffic Act (AFS) was a person who is engaged in driving a Cchip drive, and around 14:00 on May 26, 2013, the Defendant proceeded on the street above 1452-6, Nam-gu, Incheon, Nam-gu, Incheon, at an insular speed from the direction of resources to the direction of resources.

In such cases, a person engaged in driving service has a duty of care to prevent accidents due to the safe speed and method of driving service, which is a duty of care to prevent accidents.

Nevertheless, as mentioned in the above 1. paragraph, the defendant driving under the influence of alcohol and the victim D (the age of 69, South) parked in the left-hand side of the E QM5 car parked.

Ultimately, the Defendant: (a) destroyed the property of KRW 2,231,52 on the damaged vehicle due to the above occupational negligence; (b) immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Written estimate;

1. A report on initial action at the scene of a traffic accident, a report on the circumstantial statements of a driver with an employer, a survey report on actual status, and a report on the detection of a driver with an employer;

1. Application of statutes on site photographs and photographs of damaged vehicles;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of view of taking measures after accidents), 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. 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;

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