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(영문) 대전지방법원 천안지원 2019.11.28 2019고정554
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 05:20 on July 10, 2019, the Defendant, while under the influence of alcohol of 0.083%, driven the EK7 car from the front side of the “Cju store” located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, Seocheon-si, to the front side of the D apartment house located in Seoan-gu, Seoan-gu.

2 The defendant in violation of the Road Traffic Act is a person engaging in driving a vehicle EK7 vehicle.

On July 10, 2019, the Defendant driven the above car at a speed that would not be able to know about the road front of the D apartment door in Seo-gu, Seoan-gu, Seoan-gu.

At this point, the victim F's G rocketing car was parked on the left side as a road of one-lane, and in such a case, there was a duty of care to drive safely, such as thoroughly viewing the right and the right to the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it and received the left-hand part of the said rocketing car from the front right-hand part of the K7 car.

Ultimately, the Defendant did not take necessary measures, such as destroying the instant rocketing car, and providing personal information to the victim, so that the repair cost of the amount that cannot be determined by the above occupational negligence can be determined.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 3, 44 (1) of the Road Traffic Act (the point of drinking), subparagraph 10 of Article 156 and Article 54 (1) of the Road Traffic Act (the point of failing to provide personal information after destroying the parking or stopping vehicle), the selection of fines, and the selection of fines;

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 fact that the sentencing of Article 334(1) of the Criminal Procedure Act does not have the same criminal records, and the repair cost is compensated.

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