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(영문) 대구지방법원 상주지원 2014.08.12 2014고단62

도로교통법위반등

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

except 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

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership;

Nevertheless, on July 2013, the Defendant did not file an application for registration of ownership transfer without justifiable grounds even though he/she received the transfer of the C Poter cargo vehicle with KRW 1.7 million and received the transfer of the vehicle.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of C Pops.

On January 20, 2014, the Defendant, while driving the above cargo vehicles around 16:00, had been living in the state of alcohol concentration of 0.164%, and had been living in the state of under the influence of alcohol level of 0.164% and continued 25 national highways next to the highway digging bridge located in the new village of the documents in the ethic bank.

At this point, since a road was the first hybrid road, the driver of the motor vehicle has a duty of care to accurately operate the steering gear and brakes of the motor vehicle to the person engaged in driving the motor vehicle, and to operate the motor vehicle in a safe manner by properly examining the road situation of the front bank.

Nevertheless, the Defendant neglected this and failed to properly operate the steering system under the influence of alcohol, left the road, and was managed by the victim's border road located on the right side of the proceeding direction.

Ultimately, the Defendant damaged the victim’s property by his occupational negligence so that the amount equivalent to KRW 738,100 of the repair cost of the said diversday is equal to KRW 738,100.

3. Around 16:00 on January 20, 2014, the Defendant driven the foregoing cargo vehicle, which was not covered by mandatory insurance, while under the influence of alcohol 0.164% at the section of about 50km from the death of Bohbuk-do, Chungcheongnam-do, Chungcheongbuk-do to the point of the said accident.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A report on detection of a host driver (33 pages of investigation records);

1. A table for a request for appraisal;