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(영문) 광주지방법원 2014.01.23 2013고단4887
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a driver of a gallon and a gallon.

At around 18:00 on September 6, 2013, the Defendant driven the gallon-type 12-9, Nam-gu, Gwangju, Nam-gu, by driving the gallon-type 12-9 of the aforesaid gallon-type 12, which was not covered by mandatory insurance, while under the influence of alcohol content 0.205%.

In this case, a person engaged in driving service has a duty of care to reduce speed, to show the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected to do so while driving as it is while driving at the right side of the running direction and damaged the repair cost of the above TNE-ray car by taking the front side and rear parter, etc. of C’s D TNE-ray (XG) car in front of the right side of the above gallon-ray strawer, etc. to the extent that the repair cost of the above TNE-ray car is equivalent to KRW 3,162,562.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Written estimate of repair costs;

1. Application of Acts and subordinate statutes to investigation reports (the calculation of the Franmark formula after the elapse of the week);

1. Relevant provisions of Article 148-2 (2) 1, Articles 44 (1) and 151 of the Road Traffic Act concerning criminal facts, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of punishment, each of them shall be sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act, and a sentence of imprisonment without prison labor for a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: although the defendant was led to confession and reflect, the defendant does not have been punished several times due to the violation of the Road Traffic Act, and the crime in this case is again committed.

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