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(영문) 수원지방법원 2020.04.23 2020고단699
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. Around 17:15 on January 12, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.205%. Around 17:205, the Defendant driven an Eststren vehicle from the Gdong parking lot of the Hungung-gu, Young-si to the same front road of the same Gu.

2. Violation of the Road Traffic Act (AFS) the Defendant is a person engaged in the operation of the E Lastren vehicle.

On January 12, 2020, the Defendant had been parked in the said B-dong parking lot of the Yeongdeungpo-gu Seoul Building C at Chicago-si around 17:15.

At the time, the Defendant’s car was parked near the G EXE car owned by the victim F, and in such a case, there was a duty of care to prevent accidents in advance, such as by properly operating the steering direction and brake system to the person engaged in the business of driving the vehicle, while keeping a distance from the vehicle parked next to the vehicle.

Nevertheless, by negligence, the Defendant neglected to do so, brought about the left part of the victim F G EX car owned by the Defendant, which was parked in the right part of the said rocketing car.

As above, the Defendant immediately stopped the G EX car without providing personal information to the victim, even though the Defendant damaged it to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A F statement of traffic accident;

1. A traffic accident report, related photographs, visual images and closure photographs;

1. Report on detection of drinking drivers and report on the circumstances of drinking drivers;

1. Investigation report (the circumstances of an immigration driver);

1. Written consent to the collection of blood, requests for blood appraisal, and requests for appraisal;

1. Application of Acts and subordinate statutes to the results of blood collection;

1. Article applicable to the crime, Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 of the Road Traffic Act, which provides for the choice of applicable laws and punishment for the crime;

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