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(영문) 춘천지방법원 원주지원 2017.02.13 2016고단1255

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 도로 교통법위반( 음주 운전) 및 도로 교통법위반( 무면허 운전) 피고인은 2016. 10. 9. 17:00 경 강원 횡성군 안흥면 서 동로 1072-15에 있는 안 흥 찐빵축제 주차장 내 약 10m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.214% 의 술에 취한 상태로 B 포터 화물차를 운전하였다.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of the foregoing cargo vehicles.

피고인은 제 1 항 기재 일시에 위와 같이 술에 취한 상태에서 위 승용차를 운전하여 강원 횡성군 안흥면 서 동로 1072-15에 있는 안 흥 찐빵축제 주차장 내 도로를 진행하게 되었다.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering gear of the motor vehicle, and to prevent accidents.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, was unable to see the front side and proceeded as it is, the Defendant received the part of the right side of the above cargo vehicle operated by the Defendant, which is the back door of the left side of the victim C, and followed the left side side of the victim D's car which was in progress to enter the parking lot, and then received the back part of the victim D's E's car which was in progress to enter the parking lot.

In the end, the Defendant damaged the car free-to-land to the extent that the repair cost for the car free-to-land was destroyed by the above occupational negligence, and damaged the car free-to-land in the above horse free-to-land amounting to KRW 3,178,250.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing cargo vehicle which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report and a traffic accident;