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(영문) 제주지방법원 2020.02.07 2019고단1998
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On January 17, 2013, the Defendant issued a summary order of KRW 3 million due to the crime of violation of the Road Traffic Act, etc. at the Jeju District Court, and on December 22, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with labor for the same crime, etc. at the same court.

1. On August 11, 2019, the Defendant driven a non-registered 49cc occ-soil in the section of about 5 km from the front day of the Jeju Viewing in the Jeju Do while under the influence of alcohol at the Jeju 0.162% without obtaining a driver’s license on August 11, 2019 to the front day of the C in the same city without obtaining a driver’s license on August 11, 201.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motorcycle under the influence of alcohol without obtaining a motorcycle driver's license.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving 49cc.

On August 11, 2019, the Defendant was under the influence of alcohol with 08:12% of blood alcohol concentration 0.162% and was under the influence of alcohol, and was under the influence of the Defendant’s operation of the said Oralab, the Defendant was under the direct control of the Datel on the front side of C in Jeju City.

A person engaged in the Otoba driving has a duty of care to safely operate the steering gear by properly manipulating the steering gear before, after, after, and after the time.

Nevertheless, under the influence of liquor, the Defendant neglected to do so and neglected to do so, and instead neglected the Defendant’s act and neglected to park F on the right side of the road at the right side of the running direction of the Defendant, and received the Hschtonton car operation front gate, etc. from the Defendant G Co., Ltd. as the front part of the Defendant’s Hschton car.

After all, the Defendant damaged the said Bosch Rexton car, which is owned by the victim G farming association corporation, by the above occupational negligence, to cover approximately KRW 1,851,190 for repair costs.

3. Violation of the Guarantee of Automobile Accident Compensation Act;

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