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(영문) 창원지방법원 2016.05.11 2016고정99
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No motor vehicle which is not covered by mandatory insurance in violation of the Traffic Act and the guarantee of compensation for damages of motor vehicles shall be operated on a road;

Nevertheless, on June 3, 2015, the Defendant driven a D body-man car not covered by automobile mandatory insurance in the state of alcohol concentration of approximately 0.075% from the 10km section from around 22:50, Kimpo-si to the front road located in Goyang-si, Goyang-si B.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a first car in the above body.

At the time of the day specified in paragraph 1, the Defendant run four-lanes on the front road of the C in the direction of the backside of the white-water basin with two-lanes.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating steering devices, brakes, etc. without driving a motor vehicle, and to prevent accidents.

Nevertheless, the Defendant neglected this and caused the damage to the property of the victim's day-to-day zone, where the bus stops located adjacent to the moving direction due to the negligence of driving a stroke, and the bus stops located adjacent to the road beyond one-lanes, which were located adjacent to the road, were used as the front driver of the passenger car of the Defendant and damaged the damage to the property of the victim's day-to-day zone where the repair cost amounting to approximately KRW 2.8 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the detection of a driver with a primary driver, field photograph, mandatory insurance, inquiry into non-subscriber, and written estimate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) (the selection of a fine and the point of drinking driving) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 151 of the Road Traffic Act (the point of not purchasing an insurance policy, the selection of a fine) concerning facts constituting an offense;

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

1. Attraction of a workhouse;

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