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(영문) 광주지방법원 2019.06.13 2018고정1090
도로교통법위반(음주운전)등
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

The defendant is a person engaged in the operation of the B-to-pur vehicle.

On November 7, 2015, at around 03:15, the Defendant driven the said car with a blood alcohol concentration of 0.14% 0.14%, and led to the driving of the said car in front of the “Dart” in Gwangju North-gu C, the Defendant driven the road from the shooting distance of Gwangju North-gu, North-gu.

In such cases, there was a duty of care to safely proceed by checking the front side and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was parked on the back side of the passenger car owned by the victim E, who was parked on the back side of the frando taxi due to negligence while neglecting this, and received the back side of the frando taxi as the front side of the said car.

Ultimately, the Defendant destroyed the 3,620,252 of the repair cost by occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of the statutes governing a written estimate;

1. Relevant legal provisions concerning the facts of crime, 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 damage by occupational negligence), and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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