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(영문) 수원지방법원 평택지원 2013.04.11 2013고단203

도로교통법위반등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 14, 2008, and on October 11, 2012, the same court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a B human vehicle.

At around 16:00 on December 25, 2012, the Defendant proceeded with three-lane national highways of 38 degrees in front of the Gul one complex, which is arranged by the Gongsung-si Si Do-si, according to one-lane national highways from the Jung-si to Gung-si.

At the time, since the snow lowered road was under the state of slowing, a person engaged in driving a motor vehicle has a duty of care to reduce speed and to safely drive the motor vehicle by properly examining the front left.

Nevertheless, the Defendant caused the Defendant’s car by negligence while under the influence of alcohol without a driver’s license to turn off the Defendant’s car on the above road, thereby damaging the pents managed by the Suwon National Land Management Office with the Defendant’s right-hand side pents. 3,410,000 won for repair costs.

2. Around 16:00 on December 25, 2012, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a B personal car under the influence of alcohol of about 0.103%, without obtaining a driver’s license in the section of about 1 Km from the front of the Indiando Do-Eup at Ansan-si to the front of the road in front of the Indiando-Eup at Ansan-si.

Accordingly, the defendant, without obtaining a driver's license, has been driving a motor vehicle under the influence of alcohol by a person who has violated Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. The driver's license register;