도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
1. Around 21:55 on May 3, 2014, the Defendant driven the said cargo under the influence of alcohol content of about 0.188% at a section of about 1 km from the day front of the Ethical conference in Ansan-si, Ansan-si to the DNA parking lot located in the same Gu C from May 3, 2014.
2. The Defendant violated the Road Traffic Act by driving a cargo vehicle on a temporary basis, such as the foregoing 1. Paragraph (1) of the same Article, and allowing him to enter the Domoel parking lot located in the Mamo-gu, Ansan-gu.
In such a case, a person engaged in driving service has a duty of care to safely drive the steering wheel and brake system by accurately operating the steering wheel and brake system.
Nevertheless, the Defendant neglected this and received the left-hand part of the FOE car owned by the victim E, which was parked in the rear bank, as the part on which the Defendant loaded the above cargo vehicle.
Ultimately, the Defendant damaged the car by occupational negligence in order to require approximately KRW 726,898 of the repairing cost, such as the exchange of the front driver, etc.
3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said cargo vehicle, which was not covered by mandatory insurance on the Gyeonggi-do road, including Seoul and Ansan-si, from February 2014 to May 3, 2014.
Summary of Evidence
1. E statements;
1. A traffic accident report;
1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;
1. Written estimate or a photograph related to accident;
1. Inquiry into mandatory insurance;
1. An inquiry into the enemy;
1. Application of Acts and subordinate statutes to investigation reports (official application of the Badmark);
1. Article 148-2(2)2, and Article 44(1) of the Road Traffic Act that applies to the crime and Article 148-2(2)2, and Article 151 of the Road Traffic Act (amended by Act No. 12987, Jan. 6, 2015); Article 46(2) of the former Guarantee of Compensation for Damages of Motor Vehicles (amended by Act No. 12987, Jan. 6, 2015).