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(영문) 창원지방법원 2014.01.14 2013고단1956

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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 June 7, 2013, the Defendant was sentenced to a suspended sentence of two years on one year and six months by imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on June 7, 2013, and the said judgment became final and conclusive on June 15, 2013.

On June 11, 2013, the Defendant, while driving a wheeled Land Ba that is not covered by mandatory insurance, driven a two-lane road at the window of Changwon-si in the Dong/Eup of Changwon-si with a blood alcohol concentration of 0.144% without a motorcycle driver's license for a motorcycle at around 14:20 on June 11, 201, led the Defendant to proceed along a one-lane from the south reservoir of the State along the village along which he did not purchase a two-lane road.

Since the location is an intersection with signal lights, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and neglected to enter the above intersection and caused the Defendant to go to port from the right side of the running direction of the Defendant, and received the part of the driving of the victim C, which is front of the right side of the motor vehicle of the victim C, from the right side of the motor vehicle of the victim.

Ultimately, the Defendant damaged the above Switzerland car to the extent of KRW 321,090, such as the repair cost, such as the repair of the open light line by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a scene of accident, and photographs of the accident vehicle;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Notification of detection of a two-wheeled motor vehicle reported not to be used;

1. E statements;

1. Written estimate;

1. Previous convictions indicated in judgment: Before disposition, reporting the results of confirmation, and applying Acts and subordinate statutes to investigation reports (a copy of judgment attached);

1. Relevant laws concerning criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of sound driving), subparagraphs 2 and 43 of Article 154 of the Road Traffic Act (the point of without a license) and Article 151 of the Road Traffic Act.