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(영문) 제주지방법원 2016.10.10 2016고단1678
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving CCA100 Obba.

On June 1, 2016, the Defendant, without a driver’s license at around 14:10 on June 1, 2016, while under the influence of alcohol with 0.172% of the blood alcohol concentration, driven the above Oral Sea, and driven the two-lane road in front of the head office of the Seocho-si Saemaul Cooperative at Seopo City, Seopo-si, Seopo-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to see the front side and to operate the steering and steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the Defendant by negligence in the course of his duties, which led to the negligence in the course of his duties, which led to the Defendant, and stopped the back part of the EK3 car driven by D (the age of fifty one) to the front part of the Defendant’s right-hand part.

Ultimately, the Defendant damaged the said K3 car owned by the injured party, a transportation trademark owned by the injured party, by the foregoing occupational negligence, to cover approximately KRW 282,676,00 for repairing costs.

2. Violation of the Road Traffic Act and the Road Traffic Act (driving without a license) were driven by the Defendant under the influence of alcohol of about 100 % of the blood alcohol concentration at approximately 0.172%, without a driver’s license, at a distance of about 100 meters from the day from the day off in the central road of Seopopo-si, Seopo-si at the same time to the place of the above accident.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the above CA110 Oral Ba, operated an automobile which was not covered by mandatory insurance as above on a temporary basis.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a photograph of the scene of the accident, and a written statement D;

1. Report on the circumstantial statements of a drinking driver and notification on the control of drinking driving;

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