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(영문) 전주지방법원 2015.05.26 2014고정690
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On July 4, 2013, the Defendant violated the Road Traffic Act (Driving without a license), the Road Traffic Act (driving without a license), and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), while under the influence of alcohol of 0.313%, without obtaining a motorcycle driver’s license on July 16, 2013, the Defendant driven a unregistered CIT Orab, and driven a three-lane road in front of the green distance in the Jinjin-gu, Seojin-gu, Jin-gu, Jin-gu, Seoul, along the direction from the front line to the gold plaza.

At the same time, the signal was installed, so in such a case, there was a duty of care to safely operate the driver in accordance with the new code.

Nevertheless, the Defendant neglected this and went to the left-hand turn from the sand four side by negligence while driving a stop signal while the Defendant was under the influence of a vehicle, and thereby, got off the left-hand side of the passenger car driving by the victim B who turned to the right-hand turn-hand turn-on from the sand four side.

Ultimately, the Defendant, as the above occupational negligence, damaged the car car to the extent that the repair cost, such as the free-line sales fund, was 701,426 won.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the above CITI, 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. Police suspect interrogation protocol of the accused;

1. B written statements;

1. A traffic accident report, an on-site evidence or photographs, and a report on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Written estimate;

1. Report on investigation (not so reported, referring to a notification as to whether it is an unregistered one);

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

1. Relevant laws concerning criminal facts, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of without a license) and the Road Traffic Act.

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