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(영문) 대구지방법원 2014.09.26 2014고정2029

도로교통법위반(음주운전)등

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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 July 18:10 on July 5, 2014, the Defendant driven B1 ton cargo at a distance of approximately 300 meters from 300 meters from the road in front of the human resources market located in the Daegu-dong-dong New-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to 30

2. The Defendant violated the Road Traffic Act, driving the above cargo vehicle at the temporary border, leading 34-lane 30,00 to the Dong-gu, Daegu-gu, Dong-dong, which was the 34-lane from the Gyeongbuk apartment bank to the effic elementary school.

In such a case, even though there was a duty of care to operate the steering gear and the steering gear accurately, it was negligent in neglecting the duty of care to operate the steering gear and the steering gear in a safe manner, and due to the negligence of driving it, the victim C(58 years old) who stops in the direction of the defendant's running in a manner consistent with the direction of the defendant's running, and the driver was behind the right side of the defendant's freight vehicle.

As a result, it was incidental to the amount equivalent to 3,800,830 won for repairing damaged vehicles.

C. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 1 ton cargo vehicle B.

The Defendant driven the said vehicle that was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. A traffic accident report, a photograph at the scene of the accident, a quotation, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the contents of currency with persons for reference E), investigation report (report on the contents of currency with C);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the same Act (the point of causing property damage by occupational negligence), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance), and the choice of fines, respectively;

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