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(영문) 대구지방법원 2014.08.27 2014고정1807

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing.

On May 19, 2014, the Road Traffic Act has been violated (AFS) and has been driven by the said vehicle at around 01:30, and the front road in Daegu Jung-gu has been driven by C at the right angle of the road at the right angle of the road.

In such cases, a driver of a motor vehicle has a duty of care to ensure that he/she safely drives the steering direction and brake system by accurately operating the steering direction and brake system by keeping the steering direction and the steering system well.

Nevertheless, due to the negligence of neglecting this, the Defendant received C commercial buildings operated by the victim D as the part subsequent to the Defendant’s vehicle, and received the F commercial buildings operated by the victim E, and received by the victim E, the amount equivalent to KRW 13,361,00 of the repair cost of the said C commercial buildings, and did not take any measures after destroying the amount equivalent to KRW 44,758,000 of the repair cost of the said F commercial buildings.

B. Violation of the Road Traffic Act (Friju Driving) driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.068% at a section of about 300 meters from the front day of the ice ice friju in Daegu-gu (Friju) and the front day of the Cryju in the same Dong from the front day to the front day of the Cryju in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (as to the victim E statement):

1. An accident site photograph;

1. Written estimate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant provisions of Articles 148, 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the occupation of a measure that is not taken after causing damage and destruction) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of driving under the influence of sound); and

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;