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(영문) 서울북부지방법원 2014.07.09 2014고정1416
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 24, 2014, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: around 20:30, the Defendant driven a vehicle (i.e., the blood alcohol concentration of 0.125% from the 1km section in the middle-gu, Seoul to the same 566-day road in the middle-gu, Seoul Special Metropolitan City.

2. The Defendant violated the Road Traffic Act driving the off-road at the same time as that of the preceding paragraph, and driving the 566-way road at the same speed as the Seoul Jung-gu, Jung-gu, Seoul, along the two-lane distance from the right edge of the telephone station.

In such cases, there was a duty of care to prevent accidents by properly examining the pre-accidents for those who are engaged in off-to-land driving service.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front time, and caused the damage to the repair cost of KRW 370,708, by taking the front right side of the Defendant's Oral part of the Darburged car driven by the victim C(the age of 31) who was waiting in the direction of mathing in three-lanes of the direction of mathing.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each supplementary statement;

1. A traffic accident investigation report, a report on the actual state of the driver concerned, and a report on detection of the driver concerned;

1. Written estimate and detailed statement of general repair expenses;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines for a crime;

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. The Criminal Procedure Act;

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