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(영문) 서울중앙지방법원 2015.06.08 2015고정1874
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 4, 2009, the Defendant violated the Road Traffic Act (driving) and received a summary order of KRW 1.5 million from this court due to driving under the influence of alcohol and received a summary order of KRW 1.5 million from this court. On November 25, 2009, the Defendant received a summary order of KRW 3 million from this court due to driving under the influence of alcohol, etc.

On March 9, 2015, the Defendant was under the influence of alcohol level of 0.125% on blood alcohol level on March 22 and 57, 2015, and was driving B-learning car from around about 1 km to the 10th road as the former action from the vicinity of the Seocho-gu Air Force Prevention Station in Seocho-gu, Seoul to the 10th road.

2. Violation of the Road Traffic Act (Incrimination of accidents) by the Defendant driving the said car at the time specified in the preceding paragraph, and driving the 10-way road in accordance with the Seocho-gu Seoul Metropolitan Government's Seocho-gu's motion, along the one-lane of the 1-lane road as the movement of the flusium.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a driver of a motor vehicle with a prior duty of care by reporting the traffic situation.

Nevertheless, the Defendant neglected this and escaped without taking necessary measures to remove the 468,191 cost of repairing the victim's taxi by taking the back of the victim C(63 years old) driver's back of the victim C (the 63 years old) driving, which was stopped to get the front of the passenger in front of the exit 14th century due to the negligence of bypassing it, and taking the back of the 468,191 won in front of the passenger's car, such as exchange of the victim's taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Reports on traffic accidents, and statements on the occurrence of traffic accidents;

1. Report on detection of drivers and investigation report (record No. 48 pages);

1. A photograph of the vehicle involved in the accident and estimates of repair costs;

1. Application of statutes concerning criminal records;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, the choice of punishment, and the selection of punishment;

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