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(영문) 서울서부지방법원 2013.04.02 2013고정278
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[2013 Highly 278] On July 8, 2012, the Defendant driven approximately 500 meters from the road under the influence of alcohol 00:12 to the road front of the New History Center located in 29 Dao-dong, Seoul, on which it is difficult to find out the flow of the new History in the state of under the influence of alcohol 00:12, the blood alcohol concentration of the Defendant driven approximately 500 meters from the road under the influence of alcohol 0:16%.

[2013No. 280] Around 03:09 on June 27, 2012, the Defendant driven a rocketing car on the road in front of 351-43, Eunpyeong-gu, Seoul, under the influence of alcohol concentration 03:09, while under the influence of alcohol concentration 03:06% (0.09%). In such a case, the Defendant neglected his/her duty of care, while he/she had a duty of care to live well, safely drive the front left and prevent an accident, and the Defendant neglected his/her duty of care to prevent the occurrence of the accident, and left the site without any damage.

Summary of Evidence

[2013 fixed-term278]

1. Defendant's legal statement;

1. A report on the statement of the status of a driver of the driving school (2013 high-level 280);

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons prepared D;

1. Reports on traffic accidents and investigation reports (applicable with the mark);

1. A report on detection of a host driver;

1. Application of written estimate or photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of drinking under the influence of alcohol on July 8, 2012), 148-2 (2) 3, and 44 (1) of the Road Traffic Act (the point of drinking under the influence of alcohol on June 27, 2012), 148, and 54 (1) of the Road Traffic Act (the point of driving under the influence of alcohol after accidents), and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so ordered as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act or above; and

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