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(영문) 부산지방법원 2021.01.28 2020고단3523
도로교통법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On February 6, 2013, the Defendant was issued a summary order of KRW 1 million by the Busan District Court for a crime of violating the Road Traffic Act (driving).

[Criminal facts]

1. On August 9, 2020, the Defendant was under the influence of alcohol level of 0.170% among blood transfusions on August 13:20, 202, the Defendant driven CK9 cars from the public parking lot in the Geum River Park in the Seodong-gu, Busan Metropolitan City to the front road in Busan Dong-gu.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, Defendant 1 operated CK9 automobiles, which are not covered by the mandatory insurance, on the road at the same time, at the same place as the above paragraph 1.

3. The Defendant in violation of the Road Traffic Act is a person engaged in driving a CK9 vehicle.

On August 9, 2020, the Defendant driven the above car around 13:20 on August 13, 2020, and continued the front road of Busan Dong-gu B from D to E-section.

In such cases, since the victim F, who was parked on the right side of the place at the time, was parked in G Saturdays, there was a duty of care to reduce the speed of the vehicle and prevent the accident by well examining the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and proceeded in the state of alcohol and received the left-hand part of the above KS9 car, which was parked on the right-hand side of the above Happed vehicle.

After all, the Defendant destroyed the above occupational negligence in order to have the repair cost of KRW 8,509,820.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of the F;

1. A traffic accident report;

1. Investigative report (main driver's report) and inquire into the mandatory insurance sent at the request for appraisal;

1. On-site photographs, etc.;

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