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(영문) 전주지방법원 2016.11.22 2016고단1381
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 10, 2016, the Defendant was driving a dgallonian 125cc 0cc lua in the state of alcohol alcohol concentration of 0.187% while under the influence of alcohol without a driver’s license, at around 20:16, the Defendant was driving a dgallon 125cc lua in the direction of alcohol concentration of 0.187% on the front side of the road located in Kim Jong-si, Kim Jong-si.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the date and time and place mentioned in the above paragraph (1).

3. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving Dgal lus 125cc lebane.

On June 10, 2016, at around 20:16, the Defendant, without a driver’s license, driven the above Otoba while under the influence of 0.187% of alcohol level, and driven the above Otoba in front of C in Kim Jong-si, Kim Jong-si from the side of the 3rd Apartment apartment house, the Defendant destroyed FCA 110 Oba, the victim E, who was parked on the right side of the direction, so that the repair cost equivalent to KRW 7.80,00,000, was destroyed to the Defendant’s driver’s Obaba, who was parked on the right side without sufficiently examining the traffic situation before and after his driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on a traffic accident (Evidence No. 1, 2) (Evidence List);

1. Report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. The register of driver's licenses (attached No. 7);

1. teaage inquiry (Evidence No. 8) and mandatory insurance inquiries;

1. Written estimate;

1. Application of evidence on the scene of traffic accident-related Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of without a license) concerning criminal facts, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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