logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.04.20 2017고정417
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B by re-checking the vehicle B.

On November 23, 2016, the Defendant driven the said car under the influence of alcohol content 0.105% while under the influence of alcohol at around 02:25 on November 23, 2016, and driven the road of three-lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along three-lanes from the front direction of the rice farm, to the visible distance.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by thoroughly driving the motor vehicle in front and safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a bus stop with the median line while neglecting it, and the Defendant did not immediately stop the bus stop to the extent that the repair cost of the bus stop exceeds 10,887,216 won, and escaped without taking necessary measures.

2. On the same day as the above 1st day, Defendant 2 driving a B-H car under the influence of alcohol with approximately 0.105% of alcohol concentration in blood (the application of the aforementioned dmark formula) on the 3km section of Seongdong-gu Seoul Metropolitan Government from the roads of Yongsan-dong, Seongdong-gu to the front road of Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and an investigation report on traffic accident;

1. The circumstantial statement report of the driver of the vehicle driving, the notification of the results of the crackdown on drinking driving, the alcohol value and investigation report during blood (applicable to the above drone mark);

1. Written estimate;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

arrow