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(영문) 의정부지방법원 2017.11.21 2017고단2072
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On October 9, 2016, the Defendant: (a) violated the Road Traffic Act (d) and violated the Road Traffic Act (d) driving a motor vehicle without obtaining a driver’s license in the three-meter section in front of the Guri-si, Guri-si; and (b) under the influence of alcohol 0.137% in blood while under the influence of alcohol.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a motor vehicle with a d-hurd motor vehicle.

around 03:00 on October 9, 2016, the Defendant, while driving a motor vehicle with alcohol concentration of 0.137% in front of the blood on the road in the Gui-si, Gui-si, Seoul, without obtaining a driver’s license, moved the motor vehicle in order to resume the parking without obtaining a driver’s license.

Since there are vehicles parked on the front side, there was a duty of care to prevent accidents by accurately manipulating the front and rear side and accurately manipulating the brakes, etc. for those engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, destroyed the FF Rad's car owned by the victim E (29) who is parked in both sides of the Defendant, thereby damaging the repair cost of KRW 2,340,556, and continued to operate the H Had's car owned by the victim G (35 years old) to damage the repair cost of KRW 1,415,434, and damage the repair cost of KRW 350,00 by shocking the creative framework of the crime prevention group owned by the victim I (64 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. An accident explanatory note;

1. Written estimate and written estimate for the creation of crime prevention;

1. Investigation report on actual condition, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Road, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, 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 penalty;

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