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(영문) 수원지방법원 안양지원 2014.07.24 2014고단770
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 17, 2014, the Defendant: (a) violated the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed driving) and the Defendant: (b) destroyed the victim C’s Dschtonton’s back part of the said vehicle, which was parked at the same end beyond the floor due to occupational negligence, while driving the said gate on the cafeteria at the front of the restaurant No. 434, as he was under the influence of alcohol at a level of 0.179% at a level of under the influence of alcohol without a driver’s license on April 17, 2014; (c) caused damage to the back of the said vehicle to repair the f13,000 won.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the above Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Report on the circumstantial statement of a drinking driver, and report on the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of the statutes governing repair estimates;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of a sentence, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Automobile Accident Compensation Act shall be sentenced to imprisonment, respectively, and the imprisonment without prison labor shall be sentenced to the violation of the Road Traffic Act, respectively;

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

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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