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(영문) 광주지방법원 순천지원 2014.11.21 2014고단1642

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a large 50CC motor bicycle with no license plate.

1. The Defendant was under the influence of alcohol by 0.254% without a driver’s license on September 6, 2014, while the Defendant was under the influence of alcohol by 0.254%, and was under the influence of alcohol in front of a restaurant located in the Jeonsung-gun B.

Since the vehicle is parked on the left and right side of the lane, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear and the steering system for the defendant engaged in driving service.

Nevertheless, the Defendant neglected to do so, and neglected to do so, brought about the back part of the EMW car owned by the victim D, which was parked in the aftermath, due to the negligence of the Defendant.

Ultimately, the Defendant damaged the said car by occupational negligence in a way that the amount of KRW 1,525,579 is equivalent to the repairing cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) driven the said motorcycle, which was not covered by mandatory insurance, from May 2, 2014 to September 6, 2014, on the part of the former Bosung-gun, Bosung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. A crime of violation of the Road Traffic Act (driving) at the option of a punishment;