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(영문) 서울동부지방법원 2018.09.07 2018고정810
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle B at a low cost.

1. On April 15, 2018, the Defendant driven the said car under the influence of alcohol content of about 0.080% from the 20-distance section of the blood alcohol level to the front road from the Do on the 18:40 Gamba-ro 6B-ro, Seongdong-gu, Seongdong-gu, Seoul (Se-dong 1A) at the Government-Si, Do on the 18:40 on April 15, 2018.

2. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents) Defendant 1 driven the above car on the same date as the above 1. paragraph 1., while driving the above car on the same day as above, Defendant 1 turned the car to the right edge in the direction of the island located on the surface of the Seoul Forest street while drunk as above 1. paragraph 1.

In this case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle should accurately drive the motor vehicle on the road where the center line of yellow solid lines is installed.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, brought about a traffic accident that causes damage to property equivalent to KRW 1,889,000 in the estimate of repair of the damaged vehicle by the Defendant, and escaped without taking necessary measures at the scene of the accident, due to the collision of the parts adjacent to the driver's seat of the Drando drive vehicle, which is driven by the victim C (64 ) who stops in the traffic signal atmosphere in the opposite lane due to the negligence near the central line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drivers at home, and reports on the circumstances of drivers at home;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report (the application of the said dic mark);

1. Written estimate;

1. Application of vehicle photographs, vehicles, site photographs, and video photographs statutes;

1. Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts, the pertinent provision of the Act, the selective punishment, and Articles 148 and 54 of the Road Traffic Act.

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