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(영문) 대전지방법원 홍성지원 2019.01.28 2018고정105
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. The Defendant violates the Road Traffic Act is engaged in driving a B LA car.

On August 11, 2017, the Defendant driven the above vehicle on August 18:14, 2017, and proceeded at a speed of about 50 km from the opposite side of the Sung-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and driving safely.

Nevertheless, the defendant is under the influence of alcohol and is negligent in doing so.

The head of the Hong-dong General Construction Business Office, the right side of the progress direction, was shocked in front of the right side of the vehicle.

Accordingly, the defendant damaged the above abortion by occupational negligence in the amount of 1,920,000 won for repairing expenses.

B. On August 11, 2017, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) drive a BP car without mandatory insurance in the state of alcohol 0.21% in the 2km section from D cafeteria located in Boan-si C to E in the same city from around 18:14 to around 2 km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statement of an employee;

1. Mandatory insurance policies;

1. Investigation report (victim F telephone communications);

1. Application of Acts and subordinate statutes to investigation reports (related to agreements with victims);

1. Relevant laws concerning criminal facts: Article 151 of the Road Traffic Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (2) of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and the crime of violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act).

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