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(영문) 부산지방법원 동부지원 2015.10.08 2015고정985
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. Around 20:50 on April 24, 2015, the Defendant driven a B4.5 tons load with the blood alcohol concentration of 0.151% at around 0:50, the Defendant driven a vehicle of approximately 200 meters on the front of the road, which is located in the Busan Shipping Daegu-dong, without the lower court, in front of the Chuncheon apartment located in the Busan Shipping Daegu-do.

2. Violation of the Road Traffic Act (Ch.A.) (In the above temporary border, the Defendant was driving a vehicle above the above temporary border and driving a road in front of the fifth apartment commercial building which was in Busan Shipping Daegu return Do, with the front side of the apartment commercial building located in the building-side apartment bank.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering gear and steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop immediately and did not stop and take necessary measures, even though the Defendant received even a driver’s seat door of CMP5 car that was parked on the right side of his driving direction with an open driver’s seat door, and damaged the said car by approximately KRW 1,559,424 as repair cost.

Summary of Evidence

【One point in the market】

1. Statement made by the defendant in this court;

1. Statement of the report on detection of a host driver prepared by the police (the point of No. 2 at the time of board);

1. Partial statement made by the defendant in this Court;

1. Statement of statement on D prepared by the police;

1. Statement of traffic accident report prepared by police;

1. Statement and image (including accompanying photographs) of a report of internal investigation (including internal investigation) prepared by the police;

1. Entry of a copy of a written estimate for inspection and maintenance of the motor vehicle (Evidence No. 47-49);

1. Application of each film-related statute to images of each accident vehicle (Evidence No. 20, 21 pages);

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 choice of fines;

1. Article 37 of the Criminal Code among concurrent crimes.

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