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(영문) 의정부지방법원 고양지원 2013.11.29 2013고정996
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, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of B Launa vehicle.

1. After expiration of mandatory insurance on June 14, 2012, the Defendant, on February 1, 2013, 201, driven approximately 200 meters away from the same place where the accident occurred in the vicinity of the Sinsan-dong, Seoyang-gu, Solsan-si to the same place where the accident occurred and in front of the street.

2. On February 1, 2013, the Defendant, around 21:45, is proceeding in the way that, from the jurisdiction of the Sinsan-si, Sinsan-si to the jurisdiction of the Sinsan-si, Mannsan-si, Sinsan-si, the Donsan-si and the Gunsan-si, the front

The right of way has become a right of way.

In a clear mental condition, drivers have the duty of care to clearly grasp the road conditions of the front side and to ascertain the safety of the road.

Nevertheless, under the influence of alcohol, the Defendant has been negligent in performing the above duty of care.

The victim C concealedd the D vehicle driven by the victim and caused the damage to the damaged vehicle so that the amount of KRW 1,671,810 is equivalent to the repair cost, such as the spread exchange.

3. As referred to in the preceding paragraph, the Defendant driven under the influence of alcohol at approximately 200 meters in the same place where the accident occurred in the vicinity of the mountain market located in Ansan-gu, Seoyang-si, Seoyang-si and under the influence of alcohol by 0.161 (Yyoung-si) with a blood alcohol concentration of 0.161 (Yyoung-si) in front of the same place where the accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement prepared in C;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Mandatory insurance policies;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for each crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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