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(영문) 창원지방법원 마산지원 2018.12.11 2018고단745
도로교통법위반등
Text

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

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

Reasons

Criminal facts

1. On June 21, 201, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act, and on October 2, 2015, a summary order of KRW 3 million as a fine for the same crime at the Changwon District Court Msan Branch Branch on the ground of the same crime, respectively.

On March 2, 2018, at around 20:30, the Defendant driven a motor vehicle under the influence of alcohol level of approximately 0.143% from the 10km section of blood alcohol level to the front road of C kindergarten located in the Changwon-si, Changwon-si, Seoul Metropolitan Government.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated a DNA car which is not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a DNA car.

On March 2, 2018, the Defendant driven the said car under the influence of alcohol, as set forth in paragraph (1) of the same paragraph, and driven it along three-lanes in front of the C kindergarten in the Changwon-si, Masan-si, Seoul, with three-lanes in front of the C kindergarten in the middle of the middle-ri Station.

At night, since the driver was at night, he had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering gear while living well on the right and the right of the driver.

Nevertheless, the defendant was negligent in driving while under the influence of alcohol and the direction of the defendant's driving by negligence.

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