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(영문) 광주지방법원 2015.09.03 2015고단2860

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2014, the Defendant was sentenced to a suspended sentence of two years on September 12, 2014 at the Gwangju District Court for the crime of violation of the Road Traffic Act, and the judgment became final and conclusive on September 12, 2014.

【Criminal Facts】

The defendant is a person who is engaged in driving a non-reported 125cc.

On May 12, 2014, at around 20:35, the Defendant driven the above Otoba without obtaining a motorcycle license with a blood alcohol concentration of 0.240%, and led the Defendant to drive the above Otoba in front of the 89 cultural apartment platform (89 cultural apartment platform) from the north-gu of Gwangju, North Korea along the two-lane distance of the non-li Library.

At the time, there were nights, and there was a place where the center line of the yellow-ray was installed, so the person engaged in the automobile driving duty was responsible for the duty of care to safely drive the car with the driver's duty of care.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the 17-year-old) who was drinking in the two-lane opposite to the median line due to the negligence of breathing the central line, and received the front part of the left side of the DCA 110 Otoba.

Ultimately, the Defendant damaged the victim’s Obane owned by the Defendant due to such occupational negligence in order to have the amount equivalent to KRW 503,00,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss, actual condition survey reports, reports on detection of drivers, circumstantial reports, the register of driver's licenses, and estimates;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the Road Traffic Act.