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(영문) 춘천지방법원 원주지원 2016.07.18 2016고단404
도로교통법위반(음주운전)등
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 17, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license), without obtaining a driver’s license in a section of about 1km from the roads near the mutual influence cafeteria in the original city, Nowon-gu, Nowon-gu, Seoul, to the three-way intersection in front of the main apartment, such as the case of the same Eup/Myeon, and driving a C Poter under the influence of alcohol concentration of about 0.130%.

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

On September 17, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on September 23:35, 2015, driven the foregoing cargo vehicle while under the influence of alcohol 0.130% during blood, and led the Defendant to drive the above cargo vehicle in front of the door-gu gate apartment, such as the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, at a elucentic speed from the eluculation to the eluculation.

At the time of night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering right and the steering gear to those engaged in driving business.

Nevertheless, the Defendant was negligent in driving the above cargo vehicle as it is, due to the negligence of driving the above cargo vehicle, and received the central separation diver day managed by the victim in the front of the above cargo vehicle.

Ultimately, the Defendant damaged the above property that is managed by the injured party due to the above occupational negligence, which is worth KRW 4.20,000.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act, in spite of the fact that the Defendant was unable to drive a motor vehicle which was not covered by mandatory insurance on the road, operated the cargo vehicle under paragraph 1, which was not covered by mandatory insurance at the same time and at the same place as Paragraph 1, in the same section as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written appraisal of alcohol during blood;

1. Investigative into the driver's license ledger and mandatory insurance;

1.Each.

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