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(영문) 청주지방법원 제천지원 2019.07.11 2019고단168

도로교통법위반(음주운전)등

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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

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

On April 21, 2019, the Defendant driven the above vehicle on April 21, 2019, and continued to move the front road C from the D bank to the E bank bank.

Since there is a road where the center line of yellow solid lines is installed, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by proceeding to the right side of the center line.

Nevertheless, the Defendant neglected this and thereby inflicted a right-hand line on the center line, thereby damaging the repair cost of KRW 1,361,140 on the left-hand part of the vehicle, which was 1,361,140.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B in the state of alcohol alcohol concentration of about 0.104% at the section of approximately 200 meters from the date and time limit set forth in paragraph 1, and from the Jamamb, in the front of the Jamba in the city of Jamba to the front of the Lamba in the city of Jamba.

3. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance on the road;

Nevertheless, on April 21, 2019, the Defendant operated a vehicle as described in paragraph (1) even if it was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the occurrence of a traffic accident;

1. An accident site photograph;

1. The actual condition survey report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the results of the drinking driving control;

1. Explanation of CCTV screen;

1. Written estimate;

1. Application of the Acts and subordinate statutes on blackboxes and CCTV-related video CDs;

1. Relevant laws concerning criminal facts, Article 151 of the Road Traffic Act, the occupation of causing property damage by occupational negligence and imprisonment without prison labor;