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(영문) 광주지방법원 2013.05.10 2013고단902
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who drives a CFD car.

On February 9, 2013, the Defendant: (a) while driving the said vehicle under the influence of alcohol of 0.158% without obtaining a driver’s license, and driving the said vehicle along three-lanes from the cultural distance distance to the home-fluor; (b) due to the negligence of neglecting the right and the right and the right of the vehicle at the time of changing the lane, while under the influence of alcohol, the Defendant was negligent in changing the vehicle into three-lane while he was under the duty of care to accurately operate the steering and brakes; (c) while driving the said vehicle under the influence of alcohol of 0.158%; and (d) by failing to take necessary measures so that the victim D (36 years old) who was driving the four-lane in the same direction as the Defendant, the lower part of the left side of the Eone Star 1, which was driven by the victim D (36 years old) who was driving in the same direction, may take the front side of the Defendant’s vehicle in front of the repair cost.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Free Driver) provided that the Defendant driven CFD car at the 1.5km section from the 10-lane road of Gwangju Northern-gu to the place specified in paragraph (1) without obtaining a temporary driving license as stated in paragraph (1) and without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (a point of driving without obtaining a license);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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