logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.11 2016고정1001
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a private taxi.

At around 19:40 on January 18, 2016, the Defendant was under the influence of alcohol of 0.10% of blood alcohol concentration, and the Defendant driven the said vehicle, driving the said vehicle, leading the vehicle to the direction of gold 4 in the direction of the entrance of the Ganyang Hospital located in the Seo-dong, Seo-gu, Daejeon.

In addition, drivers are required not to drive under the influence of alcohol and there is a center line installed, and there is a duty of care to avoid proceeding beyond the center line in the opposite direction due to a large moving of vehicles.

Nevertheless, the Defendant neglected this and went away from the site without taking necessary measures for prevention of danger and smooth road traffic, even though the Defendant destroyed the above damaged vehicle amounting to KRW 2,406,589, the repair cost of KRW 2,406,589, which was reduced to KRW 500,000, while driving by the victim D (Nam, 55 years of age) who was proceeding normally in the opposite direction beyond the center line in the opposite direction. The front part of the right-hand part of the E-5 private taxi driven by the victim D (Seoul and 55 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. Traffic accident report, accident site photographs, accident site photographs, report on detection of the drinking driver, and circumstantial statement report of the drinking driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

arrow