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(영문) 대구지방법원 2015.06.02 2013고단5979
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] The Defendant, at the Daegu District Court on September 4, 2007, issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, etc. on September 17, 2009; a summary order of KRW 1.5 million for the same crime in the same court on September 17, 2009; a summary order of KRW 3.5 million for the same crime in the same court on August 2, 2010; and a summary order of KRW 3.5 million for the same crime in the same court on March 31, 201; and a person who has been punished seven times for the same kind of crime including imprisonment for the same crime.

【Criminal Facts】

The Defendant is a person who is engaged in driving service of B 110cc.

On August 30, 2013, the Defendant was under the influence of alcohol with 0.187% of blood alcohol concentration around 18:10 on August 30, 2013, driving the above Oralba, which was not covered by mandatory insurance without a motorcycle driver’s license, and became to turn to the left in the direction of the D Hospital in the direction of zerocheon-do.

Since there is an intersection where signal lights are installed, in such a case, the driver had a duty of care to safely operate by properly manipulating the steering and steering the steering and steering system while proceeding in accordance with the signals instructed by the signal apparatus.

Nevertheless, the Defendant, while under the influence of alcohol, went to the left at the right line without a license, and went to the front part of the G Kankn-kin car owned by the victim F, who was driven by E in accordance with the new subparagraph from Daegu to the direction of the new Sincheon-gu.

Ultimately, the Defendant damaged the victim’s above-mentioned occupational negligence to have the amount equivalent to KRW 1,060,528 of repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Written estimate;

1. The next-time inquiry;

1. Registers of driver's licenses;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. To respond to the results of the drinking control;

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