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(영문) 인천지방법원 부천지원 2016.11.18 2016고정1175
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

1. On April 12, 2016, the Defendant violated the Road Traffic Act: (a) while under the influence of alcohol by 0.060% of blood alcohol concentration on Apr. 12, 2016, the Defendant driving a Bsch Rexton car and driving the road that does not pass ahead of the Orcheon-gu Seoul Metropolitan City into the water resources ecological park protection area on the side of the ledger.

At the time, there was a vehicle parked on the front direction of the defendant's driving, so in such a case, there was a duty of care to prevent the accident in advance by thoroughly operating the steering system, brakes, and other devices of the vehicle with the driver's duty of care.

Nevertheless, the Defendant, by negligence of neglecting the front city, destroyed the damaged vehicle's fish, etc. in order to reach an unrepair cost in the market by shocking the back part of the E QM5 car volume owned by the victim D, which was parked in the front section of the progress direction.

2. On August 4, 2010, the Defendant was issued a summary order of KRW 1,500,000 by the Daegu District Court to a fine of KRW 1,500,000 for the crime of violating the Road Traffic Act, and on August 21, 2012, the Defendant had the record of being issued a summary order of KRW 1,50,000 for the same crime from the Western Branch Branch of the Daegu District Court to the same offense.

On April 12, 2016, while the Defendant was under the influence of alcohol of 0.060% of blood alcohol concentration at around 13:00, the Defendant driven a Bsch Rexton car at approximately 3 km from the front of the Gyeyang-gu Gyeyang-gu Incheon Metropolitan City Gyeyang-gu Incheon Metropolitan City roads to the front of the 546-6-6, Yancheon-gu Office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Notification of the results of the control of drinking driving, a report on the state of driving under drinking, a report on the occurrence of traffic accidents, and a report on actual condition;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant Article of the Act on the Crime, Article 151 of the Road Traffic Act (the point of causing the destruction of and damage to property by negligence), Article 148-2 (1) 1, and Article 44 of the Road Traffic Act concerning the selection of penalty for the crime;

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