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(영문) 서울중앙지방법원 2015.04.14 2015고정497
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving of the two-way sports cargo vehicles B.

Where goods are damaged by traffic, such as driving of any motor vehicle, the driver, etc. of such motor vehicle shall immediately stop the motor vehicle and take measures necessary to remove any danger and impediment to traffic.

Nevertheless, on October 5, 2014, the Defendant is driving the above cargo while under the influence of alcohol at 0.100% of the blood alcohol concentration around 21:00, along the three-lanes between the four-lanes from the cromatic distance of Gwanak-gu in Seoul Special Metropolitan City to the cromatic disease control.

On the other hand, due to the negligence of neglecting the front side and the right side side, the front part of the DK3 car driven by the victim C(20 years old) who was parked on the road as above, was driven by the victim C(20 years old). The part of the front part of the DK3 car driven by the defendant's above cargo is the front front side of the wheel of the damaged vehicle and damaged the damaged vehicle so that the front part of the damaged vehicle can be cut off, and the damaged vehicle can escape without taking necessary measures to remove the traffic danger and obstacles.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes to drinking measurement results, reports on the occurrence of traffic accidents, and field guidance for traffic accidents;

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) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated penalty imposed for a violation of the Road Traffic Act with heavier punishment shall be applicable to the concurrent crimes: Provided, That the lowest sentence shall be applicable to the concurrent crimes prescribed for a violation of the Road Traffic Act);

1. Articles 70 (1) 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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