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(영문) 대전지방법원 서산지원 2014.08.21 2014고정160

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

1. On August 31, 2013, the Defendant: (a) while under the influence of alcohol with blood alcohol content of at least 0.165% on August 15, 2013, the Defendant driven the Karen car in an insular section from Seosan Si/Eup/Myeon to tri-do in the same Dong without a driver’s license.

2. At the time stipulated in paragraph 1, the Defendant violated the Road Traffic Act (hereinafter referred to as the “Road Act”) led the Defendant to proceed in the direction of a new factory apartment at the Han-gu Babbol-dong in Seosan City.

There are many vehicles parked on the left and right of the road, so that they have a duty of care to safely operate the steering and brakes by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, destroyed the part of the latter part of the E rocketing car owned by the victim D, who parked in the opposite part of the vehicle due to the negligence of driving while neglecting it, so that the repair cost equivalent to KRW 313,958, was fully shocked by the said car.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car with the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and F;

1. Investigation report on the actual condition of traffic accidents, report on the detection of a motor vehicle driver, report on the circumstantial statement of a motor vehicle driver, register of motor vehicle driving licenses, and mandatory insurance association;

1. Application of the written estimate statutes;

1. Relevant laws concerning criminal facts, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act (the point of without a license) and the Road Traffic Act.