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(영문) 수원지방법원 안양지원 2020.05.14 2019고단2402
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On October 17, 2019, at around 17:15, the Defendant driven a B-low-water vehicle under the influence of alcohol by 0.132% in a section of about 4km from the king International Ministry of Justice to the area near the king-Yacheon-gu, Sucheon-gu, Gyeongcheon-gu, Gocheon-gu.

2. The Defendant is a person engaging in driving a Brane car.

On October 17, 2019, around 17:15, the Defendant straighted three-lanes of the three-lanes in the middle of the luxan Do-Yon-gu in the ancient speed.

In this case, there was a duty of care to safely operate the steering and brakes accurately to those engaged in driving cars.

Nevertheless, under the influence of alcohol, the Defendant neglected it, and caused the collision between the driver's seat of the victim C(38 years old) who was parked on the side due to the occupational negligence that caused the side on the side of the driver's license, and caused the collision between the driver's seat of the victim C(38 years old) and the driver's seat of the driver's license that the Defendant was driving.

Ultimately, even though the Defendant caused damage to the above SP car owned by the victim due to the above occupational negligence, the Defendant immediately stopped the car and did not take necessary measures for preventing danger and smooth communication on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. Related photographs;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of driving distance of a suspect, about 4 km);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 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 failing to take 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(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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