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(영문) 창원지방법원 마산지원 2018.02.28 2017고단1113
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a CM car.

At around 03:30 on September 17, 2017, the Defendant: (a) while driving the said vehicle on the road in front of the Women’s Center, which was parked in front of the Women’s Center, which was located in the area north 16-gu, Changwon-si, Changwon-si; (b) caused the victim’s negligence in the course of business, which was parked in front of the said vehicle due to the influence of alcohol and did not properly operate the steering gear; (c) the lower left-hand part of the E-Wer’s left-hand part of the said E-Wer’s car, which was driven in front

After all, the Defendant damaged the car free-to-face repair cost of approximately KRW 708,002, such as the exchange of back-of-life vehicles by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) and the Act on Guarantee of Automobile Compensation at the time and place set forth in paragraph (1) above, driving the said e-mail car without being covered by the automobile mandatory insurance, while drunk with alcohol content of 0.138% in blood at the same time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes concerning internal investigation reports, field photographs, and estimates of accidents;

1. Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, main sentence of Article 8 (main sentence) of the same Act, and selection of fines, respectively;

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. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act denies a part of the Defendant’s crime. However, the order is based on the first offender, the driving distance is short, the Defendant’s age, circumstances leading to the crime, degree of damage, and circumstances after the crime.

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