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(영문) 광주지방법원 순천지원 2017.11.16 2017고단1385

도로교통법위반등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of CCRE.

On June 22, 2017, the Defendant, while under the influence of alcohol content of 0.160% during blood transfusions on June 13:45, 2017, driven the above Oral Ba, which was not covered by mandatory insurance, and led to turn to the left from the direction of Sari-gun to the port of axis from the front side of the Pari-gun.

In that case, if the road is set roadside and left turn, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately operating the front door and left door and the right and the right and the right and the right and the right and the right and the right and the driver of the vehicle has a duty of care.

Nevertheless, under the influence of alcohol, the Defendant received the front wheel part of the victim E-driving vehicle with the front wheel of the front west while driving to the port of the balwing box from the direction of the police box.

In the end, the Defendant driven an erroneous brine which was not covered by mandatory insurance under the influence of alcohol, and damaged the above brine vehicle to the extent that 449,414 won, such as the exchange of the front brine due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Evidence and photographs of the traffic accident scene;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. Application of the written estimate statutes;

1. Relevant Article of the Act and the main sentence of Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is not that of the defendant's liability for causing a traffic accident by driving an erroneous breab which was not covered by mandatory insurance.

However, there is no same electric power after 1998.