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(영문) 대구지방법원 2015.01.16 2014고정2609
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving business of the car B. A.

On December 26, 2011, 05:10, when driving the above vehicle at around 05:10, the local highway No. 68 located in the Geum-do-Eup, Chungcheongnam-do-ri, Chungcheongnam-do-do-ri, Chungcheongnam-do-ri, Gyeong-do-do-Eup, is proceeding at a speed of about 70 kilometers per hour when using one lane from the right edge to the right edge of the two lanes, there was an occupational obligation to take due care in preventing accidents by accurately manipulating the steering direction and the devices of the direction.

그럼에도 불구하고 피고인은 이를 게을리 한 채 졸음 운전으로 그대로 진행한 과실로 피고인이 운전한 B 라세티 승용차가 진행방향 좌측 중앙분리대를 충돌하고 튕기면서 우측 가드레일을 다시 들이 받았다.

Therefore, it damages another person's property worth KRW 2,288,110 of the repairing cost by destroying dives managed by the Gyeongbuk General Construction Business Office;

B. A driver drives approximately 3 kilometers from the road front of the ridge Subdivision restaurant in the Gyeongcheon-gun of Gyeongbuk-gun, Gyeongbuk-gun, the foregoing vehicle is under the influence of alcohol by 0.152 percent in the temporary border of the accident as referred to in the above paragraph (a), to the 67 km away from the Do road located in the Geumnam-gu, Gyeongcheon-gun, Gyeongbuk-gun, Gyeongbuk-do;

C. A driver of a motor vehicle is prohibited from operating a motor vehicle that is not covered by mandatory insurance on a road, without purchasing mandatory insurance from November 1, 201 to the date of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

1. Relevant laws concerning criminal facts, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, 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, and selection of fines, respectively;

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

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