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(영문) 대전지방법원 2016.08.11 2015고정884
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 24, 2012, the Defendant, without a driver's license, driven a 49cc gate-to-door 0.206% alcohol level while under the influence of alcohol in the blood without a driver's license on September 24, 2012, driven a one-lane road in front of the D Child Care Center located in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, by using a one-lane road, and driven at a speed that cannot be known from the four-distance side of the department store to the shot-dong.

At this time, the Defendant, prior to the same direction, was followed by the Funched vehicle driven by the victim E ( South, 33 years old), and thus, the Defendant was a person engaged in driving service, who has a duty of care to live well and secure and proceed safety distance.

However, the Defendant neglected this and found it late to stop the front vehicle due to the negligence of driving in the vicinity of the vehicle, and shocked with the front part of the back part of the rocketing car in the preceding stop by the Defendant.

After all, the Defendant damaged the damaged vehicle due to the above occupational negligence so that the repair cost equivalent to KRW 400,896, such as the exchange of back spreads.

Summary of Evidence

1. Legal statement of witness E;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs of the accident vehicle and on-site photographs;

1. The driver's license ledger (A);

1. Application of the written estimate statutes;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act on the Traffic of Roads, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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