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(영문) 대전지방법원 홍성지원 2013.09.24 2013고정164

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car free car.

On October 2, 2011, the Defendant, without obtaining a driver’s license at around 08:30 on October 2, 201, operated the said vehicle under the influence of alcohol content of 0.254%, and continued to turn to the left at the right of the red port, the entrance of the red port located at the west-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.

In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in a safe manner by accurately operating the operation and steering gear of the motor vehicle, while a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the car driving seat of the Drocketing car driven by the victim C(51 years of age) who was driven by the victim C(51) who was driven in the direction of the Defendant’s running.

Ultimately, the Defendant destroyed the said rocketing car operated by the victim due to the above occupational negligence in order to maintain the repair cost of KRW 342,133.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report;

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

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Subparagraph 1 of Article 148-2 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011); Article 152 subparagraph 1 of Article 152, Article 43, and Article 151 of the same Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.