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(영문) 춘천지방법원 강릉지원 2014.08.20 2014고정212
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 December 26, 2013, the Defendant driven a Cloper vehicle under the influence of alcohol content of approximately 0.105% from the section of approximately 300 meters to the front road of the Industrial Bank of Gangwon-si, which is located in the Gangseo-si 2106 (Glop-dong) of Gangseo-si (Glop-dong), around 07:25, the Defendant driven a Cloper vehicle under the influence of alcohol content of about 0.105%.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a Crane vehicle (hereinafter referred to as “Defendant vehicle”).

On December 26, 2013, the Defendant got the key of the vehicle from D, a holder of the said vehicle, and driven the said vehicle, driving the said vehicle, and driving it on the 2106 no. 2106 junk-ro, Gangseo-si, Gangwon-do, along the two-lanes of the two-lane road from the 5-lane to the Bank of Korea from the 2-lane.

In that case, on the left side of the defendant's driving direction, the FF taxi of the E driving (hereinafter referred to as "victim's vehicle") had a duty of care to safely drive the vehicle and prevent accidents by safely driving the vehicle while keeping the right and the right on the left side of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded without being negligent, was negligent in driving the Defendant’s vehicle in front of the driver’s seat in the drive of the said taxi and received the front part of the instant taxi.

Ultimately, the Defendant, by such occupational negligence, destroyed the above taxi to take 137,078 won in total, including the exchange of pentns, but did not immediately stop the taxi and does not take necessary measures, such as examining the scene of the accident.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Requests for blood appraisal;

1. Application of the written estimate statutes;

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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