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(영문) 전주지방법원 2016.09.23 2016고단1106
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 11, 2016, the Defendant, while under the influence of alcohol 0.216% during blood transfusion around 22:35, driving Cone Star car at the section of approximately 2.5 km from the heart gate to the front road of Kim Jong-si in Kim Jong-si.

2. On June 11, 2016, the Defendant violated the Road Traffic Act: (a) around 22:35, as set forth in paragraph (1) of the same Article, while driving the front road B in front of Kim Jong-si, the victim D, who was under the influence of alcohol, was in front of the left-hand side of the track driven by the victim D, who was driving in front of the left-hand side of the vehicle of the Defendant, destroyed the Track by taking the front part of the repair cost, and thereby damaging the Track part equivalent to approximately KRW 10,995,830.

3. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle, etc. which is not mandatory insurance policy on a road;

Nevertheless, on June 11, 2016, around 22:35, the Defendant, as prescribed in paragraph 1, was driving the said C Costa car, which was not covered by mandatory insurance, from around approximately 2.5 km to the 2.5 km road from the heart to the front road of Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the detection of an unqualified vehicle, a survey report on the actual condition of a traffic accident, and evidence and photographs of the scene;

1. Report on the circumstances of a driver making a drinking, report on the results of regulating the driving of drinking, and the register of drunk measuring instruments;

1. Inquiry into mandatory insurance;

1. Investigation report (to be received and processed as vehicle C);

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of damage to occupational and actual property, the choice of imprisonment without prison labor), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance, the choice of imprisonment with prison labor);

1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes are favorable reasons for sentencing.

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