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(영문) 서울동부지방법원 2020.12.16 2020고정975
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

The Defendant is a person who is engaged in driving a K5-car.

1. Around 01:00 on July 3, 2020, the Defendant driving the above vehicle while under the influence of alcohol concentration of 0.152%, and led the Seoul Songpa-gu Seoul to proceed one-lane from the locked to the Olympic line.

In such cases, there was a duty of care to prevent accidents in advance by taking the front side and left side of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the course into a two-lane and proceeded along a two-lane, failed to take necessary measures, such as immediately stopping and checking the state of damage, even though the victim D (the age of 53) driven by the victim D (the age of 53) on the left side of the E-bow II truck, was taken into the front side of the vehicle, and thereby damaging approximately KRW 900,000 of the repair cost, such as the front seal, and escaped without any necessary measures.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving the said B K5 vehicle while under the influence of alcohol level of about 0.152% in the section of about 15km from the front of the Seoul Gangnam-gu to the front road of Songpa-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report on actual condition, report on the results of the control of drinking driving, report on the state of drinking drivers, and investigation report (report on the state of drinking drivers);

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 21);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 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;

1. The order of provisional payment;

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