logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.14 2020고정1277
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

On September 4, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a violation of the Road Traffic Act.

Nevertheless, on March 13, 2020, the Defendant driven the said car under the influence of 0.043% alcohol concentration at the 1m section of the front road of Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government, on March 13, 2020.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of D's written statements, driving control results;

1. Accident-related video CDs;

1. Criminal history light table (the defendant and his defense counsel parked the defendant vehicle in the safety zone, and most of the vehicle was invaded by the road beyond the safety zone, and the road was the first line, so the village bus et al. obstructed normal traffic flow and the accident is highly likely to occur, and thus, the illegality of the vehicle constitutes an emergency evacuation. The representative officer argues that the act constitutes an emergency evacuation. The evidence duly adopted and investigated by the court, although the representative officer was found to have parked at the point of drinking driving control, in particular, according to video CD, the place of parking is deemed to have been parked in part of the road, but the other vehicle appears to have been parked in part of the road, but it is difficult to view that there was considerable reason to accept the defendant's emergency evacuation and defense counsel's assertion in light of the fact that other vehicle was traveling along the side of the defendant's vehicle, not the safety zone, but the vehicle was traveling behind the road, and that there was a shock of other vehicle behind the direction. Therefore, the defendant's emergency evacuation and defense counsel's assertion on this issue cannot be accepted.

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act concerning the crime and the selection of punishment;

arrow