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(영문) 수원지방법원 안양지원 2014.01.21 2013고단1688
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives the C&L car owned by B as his duties.

On September 24, 2013, the Defendant driven the above vehicle on September 22, 2013, and driven the street in front of the distance of the free park (SK oil station) located in the Hodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (0.089% of blood alcohol concentration)

B. The Defendant, under the state of a main stream such as the foregoing “A”, continued to proceed ahead of SK station in the direction of a new distance distance from a private distance room to a private teaching institute.

At the time, the location is frequent and the surrounding areas were difficult, so the safety of the future was well examined, and there was a duty of care to accurately manipulate the steering gear and brakes so that safety should be promoted.

Nevertheless, the police officers reported the check-up of the drinking-driving vehicle at the front time, and received the back part of the motor vehicle driving by the victim D (ma, 39 years old) who was parked in the rear at the aftermath by negligence without examining the safety of the rear.

As a result, it caused a traffic accident that damages property equivalent to KRW 261,96 in the estimate of the repair cost of the damaged vehicle, so the driver as a driver has immediately stopped and failed to take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of written estimates, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the application of statutes governing the vehicle involved in accident and field photographs;

1. Relevant provisions of the Act on Criminal facts, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for each case;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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