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(영문) 의정부지방법원 2020.08.24 2020고단1137
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand Car in Ireland.

1. Around 23:00 on December 8, 2019, Defendant 1 was under the influence of alcohol level 0.093% from the front parking lot of the C Apartment-dong, Namyang-si to the Frighting road in Namyang-si, Namyang-si, and driving the Grand Cross-si under the influence of alcohol level 0.093% of alcohol level.

2. On December 8, 2019, the Defendant violated the Road Traffic Act, at around 23:00 on December 23:0, 2019, committed an act of failing to take necessary measures, such as informing the victim G 2 of personal information, even though he/she was able to shock the victim G-owned 2 trucks and damaged them so that the repair cost may occur.

Summary of Evidence

1. A written statement of the police interrogation protocol G of each police officer's suspect about the accused's statement in the court room (No. 21);

1. The actual condition survey report, the report on the occurrence of a traffic accident, the report on the actual status of driving, the report on the circumstantial statements of a drinking driver, and the inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point of failing to provide personal information after the parking is damaged), the selection of fines, and the selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order did not provide personal information even though the defendant caused an accident involving parked vehicles while driving under influence of alcohol.

The nature of the offense of the accused shall not be shorter than that of the accused.

However, the fact that the defendant fully recognizes the crime, that the defendant visited the police station late to receive the accident, and that the vehicle of the defendant is the vehicle of the defendant.

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