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(영문) 의정부지방법원 고양지원 2016.09.27 2016고정623
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving service of the B-solitary code car.

On January 26, 2016, the Defendant driven the above vehicle under the influence of alcohol level of 0.102% in blood without a driver's license on January 26, 2016, and continued to proceed to the above vehicle into the underground parking lot of the building C in Ilyang-gu, Busan Metropolitan City.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system of the vehicle and to prevent accidents.

Nevertheless, the Defendant was negligent in driving the vehicle while under the influence of alcohol and received the outer wall of the victim D (40 Do) from the victim as the front part of the said vehicle.

Ultimately, the Defendant damaged property worth approximately KRW 4,280,00 as repair cost of the above parking lot outer wall by negligence in the course of business as above.

2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) operated the said B-hand car under the influence of alcohol leveling 0.102% without a driver’s license from the underground parking lot of the commercial building in which the trade name located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si is unknown at the time of the day under the above paragraph (1) to the C-building underground parking lot, which is a place of accident under the above paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written estimate;

1. A traffic accident report, a report on the detection of a primary driver, a circumstantial report on a primary driver, and the ledger of driver's licenses;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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