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(영문) 광주지방법원 순천지원 2016.06.23 2015고단2705
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 05, 2015, the Defendant violated the Road Traffic Act and the Road Traffic Act: (a) while under the influence of 0.121% of alcohol during blood transfusion on November 23:06, 2015, the Defendant driven a Cununst motor vehicle on the road front of Jindo-gun, Jindo-gun, while driving the Cunst motor vehicle in the direction of Samsung company on the right side of the victim E, and driving it on the side of Samsung company on the right side, while driving it on the right side of the Defendant’s vehicle; (b) the pent part of the F Mtt motor vehicle owned by the victim E, which was parked on the right side of the Defendant’s vehicle, got the above pents owned by the Korean Military Power Corporation at the right side of the Defendant’s vehicle; and (c) continuously, the Defendant 30,000,000,000 won of the Defendant’s H H truck’s cargo loaded at the point of construction of the victim’s vehicle.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the said rocketing car without being covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Partial statement of witness G;

1. On-site photographs;

1. The ledger using sobling measuring instruments;

1. Investigation report (CCTV search result), CCTV photographs;

1. Written estimate;

1. A criminal investigation report (specific for the estimation of damage to victim E), a criminal investigation report (specific for the estimate of damage to a one-time company pension);

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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

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

1. Selection of penalty of imprisonment or imprisonment without prison labor;

1. Determination as to the Defendant’s assertion under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Criminal Act, which aggravated concurrent crimes

1. The assertion.

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