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(영문) 수원지방법원 2018.04.05 2018고정44

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, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a non-registered driver of 50cc.

1. On November 8, 2017, the Defendant violated the Road Traffic Act: (a) driven the above Oral Ba while under the influence of alcohol level of 0.131% during blood transfusion on November 10, 2017; (b) led the 145 Welfare Center’s shooting distance from the new side to the mathm.

At all times, there is a duty of care to safely drive a person engaged in driving service in accordance with good faith.

However, while neglecting this, the defendant neglected it, and caused the victim B's CMW car - which was directly left by the flag with the flag by the flag due to the negligence in contravention of the red signal signal, the defendant completely shocked the part of the top left side of the driver's car.

Ultimately, the Defendant damaged the damaged vehicle by the above occupational negligence in terms of KRW 5,731,051.

2. Violation of the Road Traffic Act (unlicensed or drunk driving) Defendant 1 driven the above 50cc c Obaba under the influence of alcohol leveling 0.131% of alcohol level while under the influence of alcohol leveling 0.131% without a motor bicycle driver’s license at the same time and place as the above paragraph 1 above.

3. The Defendant, at the same time and place as the above paragraph 1, operated the foregoing unregistered unregistered 50cc Oral Ba, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written estimate for an investigation report;

1. A survey report on actual conditions, a traffic accident report, a notification of the results of crackdown on drinking driving, a statement in the circumstances of a driver who takes driving and a driver's license register;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Article 151 of the Road Traffic Act (the point of damage to business and actual property), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating unregistered motor vehicles);

1.Article 40 of the Criminal Code of Trade and Trade.

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