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(영문) 서울동부지방법원 2016.11.30 2015고정1603
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a 49cc bicycle without registration.

On February 27, 2015, the Defendant driven the above motorcycle while under the influence of alcohol of 0.098% of blood alcohol level around 01:20 on February 27, 2015, and proceeded the two-lane road in front of the construction site of the applicant company for the Gangseo Police Station located within the Gangdong-gu Seoul Metropolitan Government Sungdong Police Station in the construction site as the US apartment room in the front of the construction site, and tried to make a internship via the Gap himself.

In such cases, a person engaged in driving of a motorcycle has a duty of care to prevent accidents in advance by safely changing the lane by checking the right and the right before and after.

Nevertheless, the Defendant neglected this and caused a sudden change in the lane while under the influence of alcohol as seen above, and caused the damage to the Defendant’s portion of Ci30 car owned by the Victim B, which was straighted in one lane in the same direction as the horse, by taking the front part of the said motorcycle as the front part of the said motorcycle, in which the repair cost is equivalent to eight hundred thousand won.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile without registration 49cc.

The Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at a temporary location, such as Paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. A survey report on actual conditions and a report on occurrence;

1. Written estimate;

1. Report, such as written report on the status of, and statement on, a drinking driver;

1. The application of Acts and subordinate statutes, such as notification of non-registration, erroneous land transfer, and interview and painting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the Road Traffic Act (the point of causing damage by occupational negligence), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance), and each fine;

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