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(영문) 수원지방법원 안산지원 2019.03.27 2018고단4505
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. Around 00:30 on November 28, 2018, the Defendant driven a F cattle or other car under the influence of alcohol content of about 0.195% at the 1km section from the front of C in Ansan-si, a member B to the front of D apartment E-dong in Ansan-si, an Ansan-si.

2. The Defendant is a person engaging in driving a Fedon vehicle.

The Defendant operated a car with the above sub-committee in the temporary border like the above paragraph (1) and had the front road of the member-gu G in Ansan-si moved directly from C to H. In order to proceed.

At that time, the road is a complicated road in which vehicles are parked on both sides of the road, so in such a case, the driver of the vehicle has a duty of care to live well on the front side and the left side, and to prevent the accident by accurately manipulating the steering direction and the brakes.

Nevertheless, while the defendant neglected this and was under the influence of alcohol, the victim I was parked on the right side of the vehicle operated by the victim I, who was parked on the right side of the defendant's proceeding direction, was shocked into the right side of the defendant's vehicle.

Ultimately, the Defendant, who was parked in the above occupational negligence, destroyed the 7.5 million won automobile repair cost, which was the owner of the victim, to leave the scene without providing the personal information of the Defendant to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with victims);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point of non-provision of personal information, the selection of fines) shall apply to the crime.

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