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(영문) 대구지방법원 서부지원 2017.12.22 2017고단1198

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-wheeled wheeler with no number plate that has not been subscribed to mandatory insurance.

On April 7, 2017, the defendant driving the above Obaon around 19:00, and driving the D gas station in front of the D gas station in Daegu City, Seogu, Daegu City, along the two-lanes of the four-lane road from the south Nbagle to the four-lane four-lane radius from the south Nbagle, and changed the lane into one-lane.

In case of changing the vehicle line to a person engaged in driving service, there was a duty of care to make a change of the vehicle line by operating a direction direction, etc., in giving notice of change of the course, and to make a change of the vehicle line in front and rear.

Nevertheless, the Defendant neglected to obtain a motor device bicycle license without obtaining a motor device bicycle license, and due to the negligence of changing the car line to the left-hand side while under the influence of alcohol by 0.050%, and the part on the right-hand side of the F car driven by the victim E driving in the first lane was received as the left-hand side of the F car driven by the victim E.

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the car knife to repair cost of KRW 856,777, and operated the above knife on the road without mandatory insurance, and driven the knife while under the influence of alcohol without obtaining a bicycle license for a motor device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of alcohol, the statement made under the circumstances of the driver of the vehicle, and the driver's license register;

1. Application of the written estimate statutes;

1. The facts constituting the crime are as follows: Article 148-2 subparag. 3 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol), Article 154 subparag. 2 and Article 43 of the Road Traffic Act (the point of unauthorized Driver’s License), Article 151 of the Road Traffic Act (the point of damage to property by negligence) and Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (the point of failing mandatory insurance).