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(영문) 광주지방법원 2015.04.23 2013고단5640
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

1. On October 26, 2013, the Defendant driven the said vehicle under the influence of alcohol level of 0.146% without obtaining a driver’s license in approximately 15 meters from the 15-meter radius from the front side of the Seo-gu Seoul Seo-gu, Seo-gu, Seoul to the front roads located in C, at around 08:25, the Defendant driven the said vehicle.

2. On October 26, 2013, the Defendant violated the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), around 08:25, led the front road in Gwangju Seo-gu to D from the head of the Guhop.

Since there are many vehicles parked on the left and right side of the alley, they have a duty of care to prevent accidents by accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding on the alley, destroyed the F Posp car owned by the victim E, which was parked on the said alley, by taking up the front part of the said posp car as the front part of the said posp car, and damaged the said posp car so that approximately KRW 2,608,000 of the repair cost, such as the front part of the said posp car exchange.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Written estimate;

1. A brewing driver's license report and a driver's license register;

1. The actual condition of traffic accidents;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

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 reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is about 201.

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