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(영문) 대전지방법원 서산지원 2019.03.07 2018고단1111
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person engaging in driving a two-wheeled vehicle without registration 49cc.

On September 28, 2018, the Defendant, without obtaining a driver’s license on September 16:15, 2018, driven a one-lane road near Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with a blood alcohol concentration of 0.152%, and led the Defendant to drive the said one-lane road in the direction of interesting from the surface of the bank.

In such cases, a person engaged in driving of a motor vehicle shall not obtain a driver's license or drive a motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents, such as securing the safety distance with the motor vehicle ahead and safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and thereby caused the damage to the Plaintiff’s replacement of the said two-wheeled vehicle to the front part of the said two-wheeled vehicle for the repair cost of KRW 654,256, by shocking the front part of the Defendant’s two-wheeled vehicle.

2. The Defendant is a holder of a two-wheeled vehicle that violates the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.

On September 28, 2018, the Defendant, without obtaining a driver’s license at around 16:15, driving a two-wheeled vehicle without registration, 49c or two-wheeled vehicle at about 3 km from the vicinity of the former bus terminal located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the first road located in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, while under the influence of alcohol by 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant provisions concerning facts constituting an offense;

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