(영문) 수원지방법원 평택지원 2016.02.11 2015고정583

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(영문) 수원지방법원 평택지원 2016.02.11 2015고정583

교통사고처리특례법위반등

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

Around 02:45 on July 5, 2015, the Defendant: (a) driven the above vehicle without a driver’s license under the influence of alcohol level 0.104% on blood alcohol level; and (b) proceeded directly from the beer to the JC Park on the cc Park in the direction of the beer. At the time, the Defendant was under the duty of care to avoid entering the road with an entry prohibition surface; (c) the Defendant was under the duty of care to avoid entering the area where the entry prohibition surface is installed; (d) the Defendant was under the duty of care to avoid entering the area where the entry prohibition surface is installed; (d) the Defendant was under the influence of alcohol; and (e) the Defendant was under the duty of care to stop the vehicle of the victim D (27 years old) while driving the vehicle; and (e) the Defendant was under the influence of the vehicle, and (e) the Defendant was under the duty of care to take care of the victim, such as the part of the vehicle requiring the driver’s license to drive the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report, a traffic accident occurrence report, and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, the report on the situation of the driver who takes the driving of drinking, the integrated output of computerized data, such as the ledger of licenses, the investigation report (involving the details of mandatory insurance), and the application of Acts and subordinate statutes

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (including those on duty and negligence), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance);

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

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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