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(영문) 광주지방법원 2020.04.09 2019고정1128
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Road Traffic Act is a person driving BM7 vehicles.

On December 29, 2018, the defendant driving the above car at around 02:10 on December 29, 2018, and proceeding the front road of the Gwangju Northern-gu C apartment at the direction of the erogtic zone.

The repair cost is not an element element of the crime of violation of the Road Traffic Act due to the occupational destruction and damage of property at KRW 1,837,220, by shocking the gate of the Incheon Metropolitan City North-gu rail owned by the road and India, which is installed between roads and India, and the repair cost is not an element of the crime. Therefore, the repair cost is recognized as KRW 1,837,220, excluding value-added tax, out of the amount stated in the

A considerable amount of property was damaged.

2. Around 02:10 on December 29, 2018, the Defendant driven the said car at a section of approximately 3 km from the rear door of the E University located in Gwangju Northern-gu to the same road located in the same Gu, while under the influence of alcohol concentration of 0.118%.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the said car without mandatory insurance at the above date and place.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Written estimate;

1. Application of Acts and subordinate statutes to computerized data;

1. Article 151 of the Criminal Act applicable to the crime, Article 151 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply in force on June 25, 2019); 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; Selection of each fine;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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