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(영문) 대전지방법원 천안지원 2013.09.12 2013고정261
도로교통법위반(음주운전)등
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

On July 27, 2012, the Defendant, without obtaining a driver's license at around 19:30 on July 27, 2012, driven a 1 ton of 21 ton of blood alcohol while under the influence of 0.163%, and proceeded with the parking lot at an aesthetic speed. In such a case, the Defendant, even though he neglected to perform his duty of care to prevent accidents by driving safely, such as giving a rear-way signal in advance to a person engaged in driving a motor vehicle and keeping the right and right and right of the motor vehicle under the influence of 0.163%.

The parts in front of the victim CW car parked in the later side are collisioned with the back part of the defendant vehicle, thereby damaging the amount equivalent to KRW 3,080,550.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to the register of actual traffic accident reports, inspection reports on actual condition, photographs of accident scene, records of dactology measuring instruments, copies of register of use of drinking instruments, reports on detection of drinking drivers, estimates

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act (the point of causing damage to property at the time of marketing, and the choice of fines);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (mutual crimes of violation of the Road Traffic Act due to drinking and driving without a license: Punishment on the crimes of violation of the Road Traffic Act due to a drinking without a license shall be imposed, and selection of fines shall be imposed);

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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