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(영문) 수원지방법원 안산지원 2015.04.15 2015고단289

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a driver of the vehicle in the column B.

1. On December 20, 2014, the Defendant is driving the said vehicle under the influence of alcohol content of at least 0.334% from the Do in front of a mutually influent store located in the Sungdong-gu, Ansan-si, Ansan-si to the front road in front of the spring water park located in the same line-dong.

2. The Defendant driven the above vehicle at the temporary border stipulated in the above Paragraph 1 of the Road Traffic Act and proceeded from the 8rd side to the front road of the spring water park No. 1115 1, Dongwon-dong, Ansan-gu, Ansan-si.

In such cases, a person engaged in driving service has a duty of care to live well on the front side and drive safely.

Nevertheless, in the same direction, the part behind the victim's Dsch Rexroth vehicle in the same direction led to the front part of the vehicle.

Ultimately, the Defendant destroyed the above occupational negligence in order to have the amount equivalent to KRW 1,727,00 of the cost of repairing the victim’s vehicle.

3. The Defendant under the Guarantee of Automobile Accident Compensation Act (non-insurance) is to operate a vehicle in the column B, which was not covered by mandatory insurance with the date and time set forth in paragraph (1) as a vehicle owner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report (1) (2), a circumstantial report on a drinking driver, and an appraisal report on blood alcohol;

1. Each credit bureau and mandatory insurance association;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.