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(영문) 대구지방법원 2017.01.12 2016고단5375
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 00:40 on September 21, 2016, the Defendant, while under the influence of alcohol at 0.193%, driven CM5 car from the front of the water convalescent hospital in Daegu Suwon-gu to the 12-lane A’s front of the same water level, from the road in front of the water-based convalescent hospital, to the 12-lane 7-lane 12-lane 7 km from the same water level.

2. On September 21, 2016, the Defendant violated the Road Traffic Act (i.e., an accident) (i., driving the said vehicle on or around 00:40 on September 21, 2016, the Defendant did not immediately stop and stop the damaged vehicle and take necessary measures at the time of the occurrence of the traffic accident by immediately destroying or destroying it, while driving the said vehicle along the said vehicle from a four-distance distance near the center under the influence of alcohol to a five-distance distance from the yellow street.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of the Acts and subordinate statutes to a survey report on actual conditions and photographs of the place of occurrence;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1) of the Road Traffic Act (the point of drinking alcohol), Articles 148, 54(1) of the Road Traffic Act (the point of failing to take any measures after damage), and each fine for negligence (the degree of damage is not severe, and it appears that the damage has been recovered considerably from the comprehensive motor vehicle insurance purchased on the part of the motor vehicle for the reason that the degree of damage is not severe, and the defendant appears to be the first offender to reflect his mistake, etc.)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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