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(영문) 창원지방법원 2019.03.29 2018고단3649

도로교통법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court, which was sentenced to one year and two months. On March 27, 2017, the Defendant was a person who completed the execution of the sentence at the Tong Detention House, and the Defendant is a person who is engaged in driving a two-wheeled automobile (motor vehicle number:B) without a license plate.

On November 17, 2018, at around 04:05, the Defendant, while driving the said two-wheeled vehicle without obtaining a driver’s license under the influence of alcohol 0.068% of the blood alcohol farming 0.068%, and driving the said two-wheeled vehicle into the direction of the upper south market distance from the upper south market distance in Changwon-si, Sungwon-si.

In such cases, a person engaged in driving service has a duty of care to keep the lane well, to live well, and to accurately operate the steering and operating the steering gear in a safe manner.

Nevertheless, the Defendant neglected to drive a car in a G-do model zone operated by the victim F, which was driven by the victim F, and caused the above part of the two-wheeled vehicle to shock the front part of the damaged vehicle and continuously failed to properly conduct the operation due to its shock, and caused the shock, and caused the above part of the two-wheeled vehicle to shock the front part of the damaged vehicle into the two-wheeled vehicle.

After all, the Defendant damaged the car free-to-land amounting to KRW 1,380,00,000 for repair costs and the car free-to-land amounting to KRW 1,100,000 for repair costs by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident site photograph, and a report on the results of the control of drinking driving, and a written estimate;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to refer criminal records, amounts of dispositions and results confirmation;

1. Article 151 of the Road Traffic Act (the point of destruction and damage of property by negligence) and Article 151 of the corresponding Act on the crime; and