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Defendant shall be punished by a fine of KRW 2,000,000.
Where the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant is a driver of the 100-wheeled Vehicle B. A.
On October 21, 2012, at around 14:50, the Defendant driven a two-km vehicle under the influence of alcohol with approximately 2 km of blood alcohol concentration of 0.189%, without a driver’s license, to the roads of the male elementary school located in the same city of Pyeongtaek-dong at the same time.
B. At the above time, the above male elementary school was under the influence of alcohol by driving the two-wheeled vehicle under the influence of alcohol, and led to the course of the vehicle to the person on the side of the Gyeongsan City.
The driver of any motor vehicle has a duty of care to ensure that the driver of any motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and disability to others according to the traffic conditions of the road.
Nevertheless, the Defendant was placed on the left-hand back part of the Defendant’s vehicle, which was parked two-lanes in the direction of the last course when the Defendant was negligent in operating the vehicle in Jeonju-si.
Ultimately, the above negligence damaged the property amounting to KRW 768,698.
C. The owner of a motor vehicle, etc., operated the 10-wheeled vehicle B between July 1, 2012 and October 14:50, 2012 without purchasing mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A traffic accident occurrence report, a actual survey report, and a master-employed driver report;
1. On-site photographs;
1. Written estimate;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).