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(영문) 인천지방법원 2014.09.26 2014고정2869
도로교통법위반등
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

1. The Defendant is a person who is engaged in driving a vehicle BM7 vehicle in accordance with the Road Traffic Act and the Road Traffic Act.

On May 8, 2014, at around 03:30, the Defendant driven the said car while under the influence of alcohol of 0.185%, and proceeded from the Seo-gu Incheon Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, to the Seocheon-gu, Incheon. In such a case, a person engaged in driving service has a duty of care to thoroughly operate the Jeon-gu, Seo-gu, and to prevent accidents from occurring due to accurate operation of the steering gear.

Nevertheless, the defendant neglected to do so and caused damage to the amount of KRW 662,00,00 for the repair cost of the Gale Day by receiving the Gale Day owned by the Incheon Seo-gu Office, Incheon, which is installed on the right side of the road as the front part of the Gale Day.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BM7 automobiles.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the date, time, and place under the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. A report on detection of a host driver;

1. On-site photographs;

1. Each mandatory insurance policy;

1. Application of the written estimate statutes;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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