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(영문) 서울남부지방법원 2013.11.11 2013고단3178
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 21:50 on June 21, 2013, the Defendant driving a light vehicle B in Geumcheon-gu Seoul Metropolitan Government from a place where it is impossible to find out the address of the Siung-dong in Geumcheon-gu, Geumcheon-gu, Seoul while under the influence of alcohol with a blood alcohol concentration of 0.170%.

2. Around 21:50 on June 21, 2013, the Defendant violated the Road Traffic Act (ex post facto action) (hereinafter “Road Traffic Act”), driving a Bcoon vehicle at a speed that would not be known to the direction of the light park from the view of the city showing the side road of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, at a speed that would not be known to the direction of the light park, the Defendant shocked the part front of the left-hand left-hand side of the Down vehicle owned by the victim C parked on the right-hand side of the road.

As a result, the Defendant damaged the property to be equivalent to KRW 743,326 of the repair cost due to the exchange of a horizontal lamps, etc. of the above-mentioned vehicle, but left the site without taking measures necessary for the prevention of road danger and smooth communication.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of C (Simplified traffic);

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written statement of police officers entering the scene;

1. A certificate of measurement of drinking alcohol, a report on detection of drinking drivers, and a circumstantial statement of a drinking driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the selection of fines;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum total of the amounts of the two crimes above) of the aggravated concurrent crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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