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(영문) 수원지방법원 평택지원 2020.02.19 2019고정403
도로교통법위반등
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

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a vehicle BIVIC.

around 00:15 on October 18, 2018, the Defendant confirmed that the said vehicle stop in India at the adjacent parking lot of “D” located in Ansan-si C.

The Defendant was negligent in driving the above vehicle parked in India due to the influence of drinking, and received the fences of the squad installed at the place where the vehicle was driven in India as the front part of the vehicle.

Ultimately, the Defendant destroyed that the repair cost of the fences, which are managed from the viewing of the euthane from the occupational negligence as above, would be approximately KRW 882,00.

2. On October 18, 2018, the Defendant was driving a vehicle of approximately three meters at least three meters in order to deduct BIVIC car, which is going through a chemical sleep, from the delivery near the “D” located in Ansan-si while under the influence of alcohol by 0.140% in the blood alcohol concentration of October 18, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to notification of the results of drinking driving control, a survey report on actual condition, and an accident site photograph;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; enforced June 25, 2019); Article 151 of the Road Traffic Act; Articles 151 and 152 of the Road Traffic Act; the choice of fines for a crime;

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

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 is that the Defendant appears to have committed the instant crime in order to resolve the situation when his/her vehicle parked was pushed down, and that there is no penalty force exceeding the fine since 2010, and it is also deemed that the Defendant’s age, driving distance, blood alcohol level, and other Defendant’s age, character and conduct, environment, and crime.

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