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(영문) 대구지방법원 김천지원 2018.11.13 2018고정273
도로교통법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a rash car.

On July 29, 2017, the Defendant driven the above car at around 07:40 on July 29, 2017, and led D's front road in the Gu-U.S.A. C to the rooftop.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering room and the right and the right and the right of the motor vehicle and to accurately operate the steering gear.

Nevertheless, the Defendant neglected this and caused the damage vehicle to be effective by destroying the damaged vehicle to be 2,529,000 won in front of the Defendant’s passenger vehicle, which was driven by the victim E (38 tax) who was in the front line of the signal while receiving a stop signal at the front line of the horse course, and was driven by the victim E (38 tax).

2. On July 29, 2017, the Defendant: (a) was under the influence of alcohol leveling 0.12% without a driver’s license on the part of approximately 3km of the blood alcohol level from the front side of the Indian-dong road located in the 11 North-dong, Nowon-gu, Seoul Special Metropolitan City, to the front side of the D Special Metropolitan City, Nowon-si; (b) the Defendant driven a Bra car while under the influence of alcohol leveling 0.12% without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Article 151 of the Road Traffic Act (a point of damage to property of negligence), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);

1. Punishment;

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