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(영문) 광주지방법원 2014.05.14 2013고정2626
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, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a B driver of the passenger car.

On September 9, 2012, at around 01:30, the Defendant driven the said car as his duties while under the influence of alcohol with 0.148% of blood alcohol concentration. On September 9, 2012, the Defendant driven the said car as his duties, and driven the road ahead of the Dotori Tri-gu Tri-dong, which is located in the Dori-gu, Tri-si, Busan, in accordance with the one-lane road from the Young

In such cases, a person engaged in driving service has a duty of care to confirm the safety of course and to drive safely by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant, while driving a stroke, destroyed the 4,367,634 won of the repair cost by shocking the back side of the car owned by the victim C (Nam, 40 years old) who was parked on the right side of the course.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person holding a passenger car B.

No owner of an automobile who is not covered by mandatory insurance, shall operate any motor vehicle on a road.

Nevertheless, on July 31, 2012, the Defendant operated on the road front of the Dogri-ri-si, Dori-si, Dori-si, Dori-si around September 9, 2012, the mandatory insurance of which expires.

Summary of Evidence

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for each crime;

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

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

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