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(영문) 춘천지방법원 원주지원 2013.12.10 2013고정452
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 16, 2013, at around 00:44, the Defendant driven a car with approximately one meter after driving the car without obtaining a driver’s license under the influence of blood alcohol concentration of 0.156% on the road before making soup, soup, the Defendant driven the car of Kanju at a speed of 0.1m.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of a fine by type of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant case, the Defendant was seated on the top of the CKaman vehicle (hereinafter “Defendant vehicle”), and the accompanied person was seated on the driver’s seat, but the parked place was obstructed, and thus, the accompanying person was blicking with a blick, citing the string of the vehicle.

However, as the Defendant’s vehicle was pushed ahead in the future, it became contacted with the other party’s vehicle parked in the front (hereinafter “the other party’s vehicle”).

In this situation, in order to prevent additional accidents and damage, it was inevitable for the defendant to resume the vehicle again, and since the accompanying person who was seated in the driver's seat did not go ahead of the driver's seat, the defendant inevitably left the vehicle behind about 50 cm by the driver's seat.

In other words, in order to prevent the occurrence of accident and damage, the defendant runs away at a minimum distance from the vehicle in front of contact in a situation where there is no other means.

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