beta
Text
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a car in B SP area.
On January 25, 2014, at around 06:45, the Defendant, while driving the said vehicle under the influence of alcohol by 0.149% without a driver’s license, led to a change of the lane while driving the said vehicle in front of the route in Pyeongtaek-si.
In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by driving the front and rear left and properly operating the steering gear, with due care not to obstruct the traffic of the motor vehicle in the next lane.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the lane, and the Defendant took the driving seat of the victim C(the age of 26) driving in the same direction as that of the same line.
Ultimately, the Defendant damaged the car of the above Belgium by the occupational negligence as above, which is equivalent to KRW 800,000 of the repairing cost.
2. Around 06:45 on January 25, 2014, the Defendant driven the said vehicle while under the influence of alcohol content of 0.149% without a driver’s license on a section of about 20km from the 20km to the road in front of the driving market in Pyeongtaek-si. In addition, the Defendant driven the said vehicle under the influence of alcohol content of 0.149% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The actual survey report on traffic accidents;
1. Notification of the control of drinking driving;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
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, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;