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(영문) 춘천지방법원 강릉지원 2013.07.23 2013고정176
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 15, 2012, the Defendant: (a) under the influence of alcohol equivalent to the blood alcohol concentration of 0.177% on November 15, 2015, the Defendant was driving a vehicle B at the 10km section from the front of the thermal power generation station located in the north-dong at the time of the East Sea to the front road of the train training center located in the same city at the same time.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle B at the mother.

On the date stated in paragraph (1), the Defendant operated the road in front of the Dong-dong Railroad Training Institute at the time of the East Sea at a speed of about 60 kilometers per hour from the north-west side to the east-west side, and thus, the Defendant had a duty of care to care for driving the road in front of the Dong-dong Railroad Training Institute at the speed of about 60 kilometers per hour.

Nevertheless, the Defendant, while under the influence of alcohol as set forth in Paragraph 1, neglected the duty of an exclusive licensee and was negligent in driving a stroke, thereby obtaining the safety beam stroke in the construction site of the gas pipe in the above area as part front of the left-hand stroke of the driver’s stroke.

Ultimately, even if the Defendant, as such occupational negligence, destroyed that the above pents owned by the victim chemical plant, which is a victim company, were damaged to have the repair cost of KRW 665,00,00, and immediately stopped and took necessary measures, but it is difficult to find it difficult for the Defendant to drive under the influence of alcohol as prescribed in paragraph (1), thereby leaving the above pents alone alone at the site.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Photographs;

1. On-site map;

1. Investigation report (the currency content, etc. with shot D);

1. Application of Acts and subordinate statutes to a investigative report (such as the telephone communications with an engineer dispatched to the scene of an accident);

1. The point of driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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