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(영문) 수원지방법원 평택지원 2016.08.19 2016고단655

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving a Brane car in violation of the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act;

On February 7, 2016, the Defendant was under the influence of alcohol level of 0.204% during blood transfusion around 03:05, while driving the said vehicle without obtaining a driver's license, and driving the said vehicle at a speed of about 70 kilometers per hour at the speed of about 70 kilometers per hour along the direction from the right side of Pyeongtaek-si in Gyeonggi-do, by driving the said vehicle at a speed of 0.204%.

At the time, it was a road at night and at the center of separation. In such a case, there was a duty of care to prevent accidents in advance by thoroughly manipulating the steering time in front and accurately operating the steering system of the motor vehicle.

Nevertheless, under the foregoing, Defendant was negligent in driving a motor vehicle while neglecting it, and was separated from the center of the victim Pyeongtaek-si owned by the victim as the front part of the motor vehicle.

Ultimately, the defendant damaged the central separation unit owned by the victim Pyeongtaek-si due to the above occupational negligence by the defendant, which is accompanied by the repair cost of KRW 590,000.

2. The defendant who has violated the Guarantee of Automobile Compensation for Damage, shall not operate any motor vehicle on the road which is not covered by mandatory insurance, as a person who owns a Brane motor vehicle;

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of traffic accidents, and a report on the occurrence status;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Each photograph (accident scene, etc.);

1. Application of the written estimate statutes;

1. Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning criminal facts