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(영문) 광주지방법원 2015.11.26 2015고정1555
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who has violated the Road Traffic Act (driving) and drives a passenger car.

On July 23, 2015, at around 01:50, the Defendant driven the said vehicle under the influence of alcohol content of 0.104% at a distance of about 5 km from the front of the distance of Yellowdong, Gwangju Metropolitan City to the road of about 0.104% prior to the Seo-gu, Seo-gu, Pyeongdong 31.

2. Violation of the Road Traffic Act (AFS) by the Defendant is engaged in driving a passenger car by stopping.

On July 23, 2015, the Defendant driven the upper vehicle at around 01:50 on July 23, 2015, and driven the 5.18-lane in Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, Seocheon Park at an aesthetic speed along the four-lane distance in the direction of Ethmpary Standing Point from the side of the coefficient shooting distance, and moved to the direction of viewing.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle at the right edge of the road in advance.

Nevertheless, the Defendant neglected this and did not take any measures so that the repair cost equivalent to KRW 13,52,180, which is equivalent to the 13,52,180, was damaged by the victim C (the 34 years of age, South) who is bypassing from the five-lanes of the same direction, operated by the victim C (the 34 years of age, South) to the front side of the driver's seat of the D UAD car.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1);

1. Written estimate;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 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 accidents), 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;

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