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(영문) 의정부지방법원 2013.11.29 2013고단3451

도로교통법위반등

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A defendant shall be punished by imprisonment for four 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 B Poter freight.

At around 22:40 on September 28, 2013, the Defendant proceeded at an aesthetic speed towards the side of the Mai-ri-do 190-9, Jinyang-si, Jinyang-si, Jinyang-si, toward the direction of the Mai-ri-ri.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by driving it on the front side.

Nevertheless, the defendant's negligence of neglecting this and breathed the front part of C25 tons of car trucks parked on the right-hand side of the defendant's running direction by negligence.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the above cargo vehicles owned by the Korean Cargo Transport Partnership Company of the Victim to have approximately KRW 3,790,266.

2. The Defendant violated the Road Traffic Act (driving) driving the Poter under the influence of alcohol at approximately 200 meters in a section of about 190-9 of blood alcohol concentration from the area where the Defendant was under the influence of alcohol at approximately 0.186% from the area where the 200m of alcohol alcohol level from the area where the above temporary border is located in the Namyang-si, Namyang-si, Namyang-si.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as prescribed in paragraph (2), operated the Poter truck, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Photographs of the accident site;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act (the point of causing damage to property and the choice of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;