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(영문) 전주지방법원 2018.02.20 2017고단992
도로교통법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of driving a motor device, Bosch Rexroth TDR-820 regular Twitg electrical bicycle (static output of 350W).

On April 19, 2017, the Defendant driven the said electrical bicycle while under the influence of 0.132% alcohol during blood without obtaining a bicycle license for a motor device bicycle, and passed the center line across the front of the “C pharmacy” at the front city of 13:55 on April 19, 2017.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in the motor device driving duty has a duty of care to live well, and to not cross the center line, and to not cross the center line.

Nevertheless, the Defendant neglected this and neglected to cross the center line, and caused the victim D's D's driving's damage to the front part of the k7-on-hand side of the victim D's driving, which is driving at the guest room, to the front part of the above bicycle. The Defendant damaged the above car to repair 679,000 won.

Summary of Evidence

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

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The actual investigation report on traffic accidents;

1. Accident scene and vehicle photograph;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Article 151, Article 148-2 (2) 2, Article 44 (1), and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the circumstances and result of the instant accident for sentencing under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age and occupation and living environment, alcohol concentration and driving distance during blood at the time of crackdown, and the Defendant’s previous conviction

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