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(영문) 인천지방법원 2013.10.23 2012고단10895
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around July 20, 2012: (a) around 02:17, the Defendant driven a Cluxon car under the influence of alcohol at approximately 0.191% of alcohol level in the direction of approximately 2km at the front of the scar loan located in the 1292-74 Dong-dong, Nam-gu, Incheon Metropolitan City, from the 339-2, Pacific-dong, to the front of the scar loan apartment in the same direction of the 1292-74.

2. Violation of the Road Traffic Act (Ch.A.) (In the same time, the Defendant driven a scarn vehicle under the influence of alcohol level of 0.191% at the same time and driven the above scarn vehicle on the front side of the scarg on the direction of the T. M. T. M. M. C. at an insular speed.

A person engaged in driving service has a duty of care to ensure safety by accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, was found to have been the front driver part of the Defendant’s driver’s vehicle, which was parked in the front section of the e-car owned by the victim D.

Ultimately, the Defendant destroyed a passenger car with the highest price by occupational negligence as above and escaped as it is, even though it damages 505,596 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of driving and the selection of fines), Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after an accident and the selection of fines);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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