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(영문) 서울중앙지방법원 2012.11.07 2012고정895
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 19:20 on October 29, 201, the Defendant driven CFstuna car while under the influence of alcohol concentration of 0.098% at the Gangnam-gu Seoul Cheongdo-dong 45, Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement statement of the host driver and the fact-finding reply note;

1. Application of USB video-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 subparagraph 1 and 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) that select the penalty for a crime

1. The defendant asserts that the defendant's assertion of the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Code for the confinement of the Nowon-gu Station is not driving the above vehicle because the defendant's passenger car turns on the date and time stated in the above facts constituting the crime, and the driver's transport of the vehicle was able to take place under the mind that the dispatch of the vehicle would have been avoided.

According to the evidence duly adopted and investigated by the defendant, it can be recognized that the defendant was using the vehicle for a trial after getting on the vehicle in question and driving the vehicle, and that the above vehicle started on a full basis. In full view of the above fact of recognition, the defendant appears to have driven the vehicle at least at the time of departure, and thus, the defendant's argument is not accepted.

The acquittal portion

1. The charges against the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents are those who are engaged in driving service of CFB and other automobiles.

The Defendant, while under the influence of alcohol around 19:20 on October 29, 201, is driving the said vehicle at the parking lot in Gangnam-gu Seoul, Gangnam-gu, Seoul, while under the influence of alcohol at a 0.098% of alcohol content, neglected his/her duty of care to prevent accidents by accurately manipulating the front left and right and right and accurately manipulating the steering and brakes, while neglecting his/her duty of care.

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