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(영문) 서울동부지방법원 2014.03.18 2013고정2824
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car owned by Company C. A. A.

On September 4, 2012, the Defendant violated the Road Traffic Act, while under the influence of 06:40% of the blood alcohol concentration of 0.144%, and the Defendant driven the C Costafree Motor Vehicle, and the Geumdong 3 of Seongdong-gu Seoul, Seongdong-gu, 1286 was driving on the street in front of 1286, the gold-ho 3 of Seongdong-gu, Seoul, the gold-ho-dong 1286 was driving at the speed of the ebbbbb

Since there is a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in compliance with the tea line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop the vehicle of the victim D(29 years old, south) driving, who was in progress before, was over the center line to overtake it in the process of departing after stopping the vehicle of the victim D(29 years old, south) driving, and shocked the part of the driver's seat and the pentum of the vehicle of the above Aburg with the right side of the vehicle of the Defendant driving.

Accordingly, the defendant damaged the victim's driver's vehicle with the above occupational negligence.

B. The Defendant was under the influence of alcohol level of 0.144% as set forth in the above paragraph (a) of the Road Traffic Act, and the Defendant driven Cone Star car from Seongdong-gu Seoul Metropolitan Government Geumho-dong to the point of the said accident.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement on occurrence, actual condition, and supplement statement of D traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes on mandatory insurance inquiries and estimates;

1. Relevant Article of the Act on Criminal Facts and Articles 151, 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for the crime, 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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