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(영문) 창원지방법원 통영지원 2015.11.27 2015고단969

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 28, 2008, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on March 19, 2010, and sentenced four months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the same court on January 15, 2013, and completed the execution of the sentence on June 18, 2013 by the same court.

【Criminal Facts】

1. On June 26, 2015, the Defendant violated the Road Traffic Act, driving a 125CC under the influence of alcohol concentration of 0.057% without obtaining a driver’s license on June 13:25, 2015, and driving a 125CC c at the same time, the Defendant was in the direction of the same department box in the direction of the traffic direction on the road front of the D convenience point located in C.

At the same time, there are many cases where urban buses stop on a bus stop in front of the bus stop, and there was a duty of care to prevent accidents in advance by safely driving the bus bus while keeping it well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the part of the F-city bus owned by the victim Sejong Traffic Motor Vehicle Co., Ltd., which was driven by E who stops in the bus stops in a marina bus stops due to negligence.

Ultimately, the Defendant damaged the repair cost of KRW 533,500 by occupational negligence above.

2. The Defendant violated the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act, without obtaining a driver’s license at the time and place set forth in the preceding paragraph, operated the above urine without being covered by mandatory insurance without being 0.057% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports, actual status survey reports, the ledger of driver's licenses, and car screening;

1. On-site photographs, black boxes video materials, estimates, supply of motor vehicle parts, and 1.