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(영문) 부산지방법원 2014.08.14 2014고정2183
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 28, 2013, the Defendant, without a driver’s license around 15:40 on July 28, 2013, while under the influence of alcohol with 0.160% alcohol level, the Defendant driven a CBa car not covered by mandatory insurance, and led the Busan BBa car to proceed with the intersection in front of the 3-dong International Mando-U.S., Busan Metropolitan City, from the new Triri-ri distance room.

At the time, FF car owned by D and I car owned by the victim H, which is driven by G, were in the traffic signal atmosphere. In such a case, the Defendant, who is a driving employee, had a duty of care to prevent accidents by thoroughly reducing speed while thoroughly operating the front-time city and accurately operating the steering system, brakes, and other devices of the vehicle, and by accurately operating the steering system, brakes and other devices of the vehicle, has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to proceed as it is, while driving the FMM as it is, took back the backer of the FMM as the fronter of the Defendant’s driver’s vehicle, and due to its shock, the said FMM was tight in the future and became the backer of the said IMM.

As a result, the Defendant destroyed the said I car in the above occupational categories by having the said F car in KRW 3,894,000, and the said I car in KRW 495,000, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a statement of each traffic accident;

1. A survey report on the actual condition and a survey report on the actual condition;

1. A report on detection of a drinking driver and a ledger of users of a drinking measuring instrument;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Each investigation report, driver's license register, mandatory insurance bureau, and the next enemy;

1. Application of the Acts and subordinate statutes to each estimate and photographs of damaged vehicles;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 151 of the Road Traffic Act (the point of causing property damage by occupational negligence), and Article 151 of the Road Traffic Act for criminal facts.

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