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(영문) 인천지방법원 2017.09.27 2017고단5309
도로교통법위반(사고후미조치)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 16:30 on May 17, 2017, the Defendant violated the Road Traffic Act (drinking) driven a B EM car under the influence of alcohol concentration of 0.09% during blood, and proceeded from the front of the restaurant in the vicinity of Yeonsu-gu Incheon, Yeonsu-gu to the front road of the National Motor Vehicle Industrial Complex in the Nam-gu, Incheon.

2. The Defendant is a person who is engaged in driving a B M& car.

The defendant driving the above vehicle at the time of the above day, and driving the above vehicle at the third-lane road in the south-gu Incheon Metropolitan City, Incheon Metropolitan City, and driving it on the right part of the victim D's E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of written estimate of insurance repair costs to the statutes;

1. Relevant Article of the Act and Articles 148, 54(1) (the occupation of any measure that is not taken after damage) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 and 44(1) (the occupation of drinking and the selection of fines) of the Road Traffic Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the above crimes is aggregated) for the aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the Defendant, while driving a motor vehicle under the influence of alcohol twice due to the driving of alcohol, neglected to perform his/her duty of care at the front direction, thereby making a stop in order to keep the signal waiting at the front direction.

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