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(영문) 인천지방법원 2016.11.28 2016고단6681
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 23:20 on September 19, 2016, the Defendant, while under the influence of alcohol of 0.20%, driven a blood alcohol concentration of 0.20%, and proceeded with a section of about 10km-ro, 144, e.g., Bupyeong-gu, Incheon, Namdong-gu, Seoul, Seoul, by driving a B Appppppppn vehicle with a blood alcohol concentration of 0.20%.

2. The Defendant is a person engaging in driving service of a vehicle with a hurburg from a vehicle B.

On September 19, 2016, the Defendant, while under the influence of alcohol, driven the said vehicle at a speed of about 10km/h in accordance with paragraph (1) of this Article, driving the said vehicle at a speed of about 10km/h, depending on the two-lanes in front of the D convenience point located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon.

At night, the vehicle was driven by the victim E (the age of 55) in front of the defendant vehicle, and the vehicle was driven by the F K5 taxi driver, so the person engaged in driving the vehicle had a duty of care to properly manipulate the front and rear left and to prevent the accident by properly manipulating the operation system, steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and stopped by the negligence while driving, brought about the back part of the above victim's k5 taxi driver's vehicle with the front part of the Defendant's vehicle.

Ultimately, even though the Defendant damaged the damaged vehicle’s repair cost equivalent to KRW 534,796 by occupational negligence above, the Defendant immediately stopped the damaged vehicle and did not take necessary measures, such as killing the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a measure which was not taken after destruction and damage) of the Road Traffic Act, and the Road Traffic Act.

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