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(영문) 서울남부지방법원 2017.02.08 2016고정2801

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

1. Around 00:30 on March 9, 2016, the Defendant driven a 100 Oral Bab in a state of under the influence of alcohol content of about 0.197% at a distance of about 10 meters from the front of the Korean bank, and from the front of the Korean bank to the crosswalk of the C parking lot, the Defendant driven a 100 Oral Bab in a state of under the influence of alcohol content of about 0.197%.

2. The Defendant violated the Road Traffic Act: (a) the victim D ( South, 56 years old) who was driving on the part of the 100 U.K. driving on the front part of the EK5 taxi driving by the Defendant with the front part of the 100 U.S. 2,655,780 U.S. on the damaged vehicle, while driving the crosswalk in front of the C parking lot from the bank room to the Youngpo market for the Youngpo-si market for the Youngpo-si in Korea; and (b) the Defendant damaged the property equivalent to KRW 2,65,780 of the repair cost on the damaged vehicle.

3. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is the owner of a non-registered seed 100 M&C.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said automobile that was not covered by mandatory insurance at the same time and place as the above “1.1.”

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A response to a request for appraisal, and a report on the detection of the driver involved;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to repair expenses;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 151 of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Compensation for Damages, and selection of fines, respectively, concerning the facts constituting an offense;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

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

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