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(영문) 청주지방법원 2018.08.14 2018고정311
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CT 100 Oral Ba and is a holder of the above Oral Ba.

1. On September 1, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act: (a) while under the influence of alcohol level of 0.177% (%) among the blood transfusions on September 1, 2017, the Defendant driven the said Oral Sea, and driven the E-ray front side of the E-ray D in a considerable area of the Cheongju City, using the walking distance from the front intersection of the Cheongju City to the front intersection.

Since there are two lanes in which the central line is installed, a person engaged in driving service has a duty of care to prevent accidents with the vehicle driving in the center line by driving on the right side of the road.

Nevertheless, the Defendant, under the influence of alcohol, neglected to go beyond the central line, caused a conflict between the two sides of the victim F(47 tax) driving that had been normally going on one-lane from the inland distance room, which is a part of the accident, to the front side of the Oratob.

Ultimately, the Defendant damaged the victim’s vehicle’s repair cost amounting to approximately KRW 671,196 by negligence as above.

2. No owner of a motor vehicle that violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition, investigation report on actual condition, vehicle photographs, report on the results of crackdown on driving drinking, report on the situation of a driver who takes driving, inquiry about mandatory insurance, and register of driver's licenses

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) concerning facts constituting an offense, the applicable law, the traffic law of which is chosen, and the traffic law of roads.

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