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(영문) 대구지방법원 2016.10.28 2016고정1183

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

From February 16, 2016 to March 26, 2016, the Defendant, while under the influence of alcohol at around 03:30 on March 19, 2016, the Defendant driven three-lane roads in front of Daegu Northern Middle School located in 58 as an airport located in Daegu North Daegu Northern-gu, Seoul, along with three-lanes of airport shooting distance.

Since there are fences installed on the right side, there was a duty of care to take care of the person engaged in driving service well, and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as they were, received the fences, following the right-hand side of the said car, and then received the fences.

Ultimately, the Defendant damaged the fences that amounted to KRW 1,621,00 in repairing costs by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, the actual condition survey report, on-site photographs, and estimates;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 151 of the Road Traffic Act concerning facts constituting an offense;

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 (1) 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;