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(영문) 부산지방법원 2016.11.17 2015고정4098
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

1. The Defendant is a person who drives a EXE car in violation of the Road Traffic Act (driving a sound) and the Road Traffic Act (not after accidents).

On December 23, 2014, the Defendant driven the said vehicle with a blood alcohol concentration of 0.123% around 00:30, while driving the said vehicle on the roads front of the D Company located in Busan-gu C, the Defendant neglected the stop signal of the traffic police officer who demanded temporary suspension in order to control drinking at the same time, and led the said D Company to grow the alley toward the fright.

There are vehicles parked on the right side and right side of the road, so a person driving a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right side and right side.

Nevertheless, the Defendant, while neglecting this, runs along the above alley in order to see the police patrol vehicle, which is concealed by the Defendant’s vehicle behind the Defendant’s driving, who escaped to avoid the crackdown on drinking by the police.

The part of the rear part of the victim E-owned cruise car that was parked on the front side of the Gyeongnam-dong-dong, the front part of the Defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, destroyed KRW 1,744,081, such as the back of the damaged vehicle, and escaped without immediately stopping and taking measures.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a vehicle on the road without mandatory insurance at the above time and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The laws and regulations governing accident photographs and black stuff photographs.

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