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(영문) 서울중앙지방법원 2018.05.03 2017고단8837
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On December 11, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the support for the development of a water source method, and on November 22, 2010, the Seoul Southern District Court issued a summary order of KRW 3 million for the same crime, respectively.

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) as above, the Defendant was negligent in failing to perform his/her duty at the front of the Seoul Seocho-gu D Building in the course of driving CSS3 car under the influence of alcohol at around 16:50 on November 10, 2017, and caused a traffic accident that is sufficient to meet the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-on-car

The defendant did not take necessary measures such as destroying and damaging approximately KRW 2,967,00 of the repair cost to the left side of the damaged vehicle due to the above occupational negligence and confirming the damage damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notice of control of drinking driving;

1. Written estimate;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on criminal investigation;

1. Article 148, Article 54 (1), Article 148-2 (1) 1, and Article 44-2 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Selection of each selective fine for punishment (the degree of damage is minor, the agreement with the victim is made, and the prevention of recidivism is made);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act [the lowest shall apply to the crimes specified for the violation of traffic laws on roads (driving of alcohol: Provided, That the lowest shall apply to the crimes specified for the violation of traffic laws on roads);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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