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(영문) 수원지방법원 성남지원 2013.12.04 2013고단2281
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

The defendant is a person who is engaged in driving a motor bicycle with no number 125cc.

On September 16, 2013, the Defendant, without obtaining a license for a motorcycle on September 21, 2013, driven the above motorcycle while under influence of 0.097% of blood alcohol concentration, and driven the four-lane road in front of 529, Jung-gu, Sungnam-gu, Sungnam-gu, Seoul, about 60km each other at a speed of about 50km along the two-lane distance from the mother side.

At the same time, the victim C is driving in the three-lane on the right side of the defendant, so there was a duty of care to safely drive the motor vehicle by checking the right and the right and the right and the right of the driver of the motor vehicle when the driver of the motor vehicle intends to drive the motor vehicle and change the lane.

Nevertheless, the Defendant failed to discover the above victim's fish code car in the three-lane while neglecting it under the influence of alcohol, and was negligent in proceeding along the three-lanes adjacent to the three-lanes, and received the part on the left side of the victim's fish code car driving along the three-lanes.

Ultimately, the Defendant damaged the said car to cover KRW 4,386,00 for repairing costs by destroying the left-hand side of the said car, which is owned by the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

1. Written estimate;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 2 of Article 154, Article 43, and Article 151 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The punishment of imprisonment without prison labor for a violation of the Road Traffic Act;

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