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(영문) 대전지방법원 2013.07.05 2013고정975

도로교통법위반등

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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

1. On February 24, 2013, the Defendant, without a vehicle driver’s license, driven a vehicle B at a section of approximately 150 meters from the front of the Daejeon Pungdong, Seodong, Daejeon Pungdong, to the road front of the Daejeon Pungdong kndong, while under the influence of alcohol by 0.135% of alcohol content without a vehicle driver’s license.

2. On February 24, 2013, the Defendant driven the above vehicle at around 20:35, and proceeded in the direction of the Republic of Korea in the direction of the mountain driving range in Daejeon U.S., Daejeon U.S., the Defendant destroyed the repair cost equivalent to KRW 806,876 on the left side of the victim C, which was parked on the right side of the moving direction due to the negligence of neglecting an accident while under the influence of alcohol, even though he/she had an occupational duty of care to accurately examine and prevent the accident by driving the front and left side of the road in the direction of the mountain driving range.

3. The Defendant operated a motor vehicle that was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Written estimate;

1. Application of Acts and subordinate statutes to the report on detection of drivers, the ledger of driver's licenses, and notification of cars not covered by mandatory insurance;

1. Article 151, Article 148-2 (2) 2, Article 44 (1) (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act applicable to the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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;