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(영문) 수원지방법원 2020.06.25 2020고단805
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of Brane motor vehicles;

At around 02:30 on December 13, 2019, the Defendant driven the above vehicle and proceeded with the new IIC discharge section from the middle IIC discharge to the middle IIC discharge.

Since there is a road with frequent traffic of motor vehicles, there was a duty of care to safely drive the motor vehicle by properly manipulating the front section, the left section, and the well to the person engaged in the driving of the motor vehicle.

Nevertheless, while under the influence of alcohol content of 0.202%, the Defendant neglected it, and did not look well at the front, left, and well, did not properly operate the steering and brakes, and caused the shock on the right side of the road by negligence, and continued to shock on the left side of the road.

In the end, the Defendant, by the foregoing occupational negligence, destroyed the guardrails, etc. managed by the Korea Land and Housing Corporation to take about KRW 1,266,326, and escaped from the scene of the accident without any measure, while leaving the said car alone on the road.

2. Around 02:30 on December 13, 2019, the Defendant: (a) driven a Bhoer vehicle under the influence of alcohol content of 0.202% while under the influence of alcohol, from a section of approximately 22 km from the roads near the Heung-gu Seoul Building to the new IIC located in the Gyeonggi-si. In addition, the Defendant driven a Bhoer vehicle under the influence of alcohol content of 0.202%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to the regulations governing drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident), and the choice of each fine for a crime;

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