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(영문) 인천지방법원 2018.09.19 2018고단5151
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 17, 2017, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”), driving a vehicle with C low-speed car around the south-gu Incheon Metropolitan City, or the 581 large-scale apartment complex (hereinafter “Seoul-ro”), leading from the long distance of the daily market to the public announcement of the Incheon Machinery at an insular speed.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system after checking the safety of course by checking the front side and the left side of the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol, did not properly look at the front side of the vehicle while driving, destroyed the damaged vehicle to repair the damaged vehicle by receiving the part of the cargo partitions from the left side of the vehicle with the victim D parked on the two-lane off the direction of the proceeding, and then damaged the damaged vehicle in excess of KRW 3,684,346.

2. Around 02:30 on December 17, 2017, the Defendant driven a car with C low alcohol content of about 0.092% in the 3km section of alcohol from the road near the Roman-ro, Nam-gu, Incheon Metropolitan City, to the same Gu, Han-ro, Han-ro, 581 apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of the written estimate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order causes an accident that causes the Defendant to shock the parked vehicle during driving of the instant drinking, and the degree of shock of the instant accident is relatively heavy, while the Defendant on the other hand, is the instant case.

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