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(영문) 제주지방법원 2014.12.05 2013고단568

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On April 3, 2008, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) at the Jeju District Court. On October 14, 2009, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (driving). On May 24, 2012, the same court was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 2, 2013, around 21:07, the Defendant was driving a B-low-income vehicle without mandatory insurance without obtaining a driving license, in a section of approximately 2 kilometers from the vicinity of the old-type street located in Jeju-si to the coastal intersection road located in the same city.

Since there was a road where the central separation zone owned by Jeju Special Self-Governing Province was established, the defendant, as the driver of the motor vehicle, has a duty of care to safely proceed along the right side of the road in the direction of the operation and to accurately manipulate the steering and steering system.

Nevertheless, the Defendant neglected this and operated excessive steering gear, and caused the Defendant's negligence to shock the above part of the vehicle with the lower part of the front seat, thereby damaging the above 440,000 won of the front seat to cover the repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. License register, chassis, and mandatory insurance;

1. Written estimate;

1. Previous records before ruling: Application of criminal records, investigation reports (the same type of force, the confirmation report on the date of release from prison), and statutes;

1. Relevant provisions of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act.