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(영문) 수원지방법원 평택지원 2016.05.26 2016고단304

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[2016 Highest 304]

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in the driving of BKan vehicle.

On December 5, 2015, the Defendant driven the above vehicle at around 01:50 on December 5, 2015, and proceeded along the two-lanes between the two-lanes of the Paris Round from the front road in Gyeonggi-si C.

Since the place has a center line installed, there was a duty of care to safely drive the vehicle to the person engaged in driving duty.

Nevertheless, the Defendant neglected this and caused the Defendant’s negligence of driving beyond the median line while under the influence of alcohol content 0.119%, thereby damaging the repair cost of approximately three million won by taking the driver’s seat of the F Kanop vehicle owned by the victim E, parked on the opposite road into the front part of the Defendant’s vehicle.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Act on Guarantee of Compensation for Motor Vehicle Damages: (a) the Defendant driven a B car with alcohol content of at least 0.119% in a section of approximately 200 meters from the blood alcohol level from the front side of the 200-distance-si, Pyeongtaek-si, Gyeonggi-si, to the front side of the DK-si located in C. In the day set forth in paragraph (1).

[2016 Highest 556]

1. On March 17, 2016, the Defendant, at around 16:50, driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of BKanky’s passenger car.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance at the date, time, place, and place in Paragraph 1.

Summary of Evidence

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