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(영문) 광주지방법원 목포지원 2014.04.04 2014고정15

도로교통법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service, the deleno 100cc.

1. On July 17, 2013, the Defendant, around 15:03, was proceeding in front of the J road located in Yannam-gun, Nannam-gun, Nannam-gun, with the G-do village village protection from the same rinam-gun, Nannam-gun.

It is a straight line where no median line is installed, and at the time Ltota Camp car owned by the victim K was stopped on the left side of the road.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with the structure and performance of the motor vehicle.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The part of the front wheels of the damaged vehicle was shocked by the front right side of the damaged vehicle.

The Defendant damaged a car in the above camp by occupational negligence to be equivalent to KRW 1,006,350 of the repairing cost.

2. The Defendant driven from a restaurant with no knowledge of the trade name of the non-Sin-Gun non-Sin-Gun, Yong-do, the date and time indicated in the foregoing paragraph 1 to the place indicated in the foregoing paragraph 1, a section of approximately 600 meters under the influence of alcohol content of about 0.218%.

3. The Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. A report on detection of a drinking driver, a statement on the status of a drinking driver, and an investigation report on the actual status of a traffic accident;

1. Mandatory insurance inquiries and estimates of general repair costs;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 151 of the Road Traffic Act (the point of causing damage by occupational negligence), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;