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(영문) 부산지방법원 2014.10.15 2014고정3511
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. On January 3, 2014, at around 18:25, the Defendant has driven a freight vehicle in B B, and led to a three-lane road in the vicinity of the opening intersection in the Busan-gu, Busan-do along one-lane from the side of the Busan-do Hospital to the open-type apartment in the vicinity of the Busan-do.

Since one lane is a left-hand lane, there was a duty of care to safely proceed along the front line by changing the vehicle line to a straight line in advance to a person engaged in driving of a motor vehicle.

Nevertheless, due to the negligence of neglecting this, the victim C driving a two-lane in the same direction from the side of the Busan 00 Hospital to the open-type apartment in the same direction as it is, the left part of the car was driven by the victim C. The left part of the car is the front part of the defendant's right side.

Ultimately, the Defendant did not immediately stop the damaged vehicle and take necessary measures, such as providing relief to the victim, even though the Defendant damaged the damaged vehicle with an amount equivalent to KRW 957,937 on the repair cost due to such occupational negligence.

2. On January 3, 2014, at around 18:45, the Defendant driven B Poter Cargo in the state of alcohol alcohol concentration of approximately 0.145% while under the influence of alcohol at least 0.145% on the roads in front of the main elementary school located in the Geum-dong, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual condition, a report on the actual state of a driver, a report on the actual state of a driver, and a report on the actual state of a driver;

1. Application of Acts and subordinate statutes concerning traffic accident-related photographs, Dable video images, and requests for repair expenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2, 44 (1) (the point of sound driving), 148, and 54 (1) (the point of failing to take measures after an accident), and the choice of fines, respectively, for the selection of penalties;

1. The Criminal Act among concurrent crimes.

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