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(영문) 수원지방법원 2013.07.04 2013고정1320
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,900,00.

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

Reasons

Punishment of the crime

On January 14, 2013, at around 23:00, the Defendant driven a e-small vehicle with a blood alcohol concentration of 0.138% while under the influence of alcohol without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the register of driver's licenses, report on the occurrence of traffic accidents, report on actual status of driving licenses, report on the actual status of driving licenses, report on the actual status of driving licenses

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 96 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is a person who drives a small-sized vehicle as a job.

On January 14, 2013, at around 23:00, the Defendant: (a) neglected the duty of care to ensure the safety by checking the right and the right and the right of the front of the Cheongjin-gu Cheongjin-gu Sea State; (b) thereby neglecting the duty of care to prevent accidents while driving a vehicle while under the influence of alcohol without a driver’s license; and (c) damaged the damaged vehicle by collision with the front part of the Defendant’s vehicle with the repair cost of KRW 989,468.

2. The above facts charged are crimes falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim's express intent under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, H of the owner of GJ-type passenger vehicle is the case.

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