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(영문) 대구지방법원 2013.03.27 2012고정4642
도로교통법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 04:40 on November 24, 2012, the Defendant violated the Road Traffic Act (driving) driven approximately KRW 7 km from the Daegu Middle-dong Parking Site located in Daegu Middle-dong to the Newcheon-gu Nowon-dong, while under the influence of alcohol by 0.142% of the blood alcohol concentration.

2. The Defendant violated the Road Traffic Act, driving the said car as the temporary border as set forth in the above paragraph 1, and driving the said car on a three-lane road in the direction of the chilling intersection from the direction of the chilling intersection to the direction of the chilling intersection.

In this case, a person engaged in driving service has a duty of care to properly operate the front, rear and left, and the steering system.

Nevertheless, the Defendant neglected to do so and destroyed the above Aler's work to receive approximately KRW 4,475,00 from the fronter part of the said car, which was installed in the central separation zone due to the negligence of driving the car.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of the written estimate, etc. Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, the choice of punishment;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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