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(영문) 대구지방법원 2014.06.19 2013고단3291
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around 22:30 on March 2, 2013, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) operated a B multilateral car not covered by mandatory insurance at approximately 700 meters away from the front of a restaurant in the mutual influence of the North Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the Korean Seodaemun-gu, the same Ri, which is located in the same Ri, while under the influence of alcohol by 0.093%.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a BD car.

On March 2, 2013, the Defendant driven the said car on March 22, 2013, and led to the driving of the said car to proceed in front of the Central Seodaemun-gu, Gyeongdong-gu, Chungcheongnamdong-gu, Chungcheongnamdong-gu, Chungcheongnambuk-do, to the area of Sejong Sports Park at the surface of the North Sejong High School.

At night and at this time, there is no signal apparatus, so the driver of the vehicle has a duty of care to check whether there is another vehicle crossing by temporarily stopping the vehicle to the driver of the vehicle, and to prevent the accident in advance by safely driving the vehicle, such as entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said road on the right side of the victim C(31 years of age) who was driving the said road at the seat of the convenience store at the convenience store by neglecting it, and was driven by the victim C(31 years of age) with the front-hand part of the driver’s right side in front of the driver’s car.

Ultimately, the Defendant damaged the victim's leisure cars by negligence in the above business, which caused 656,00 won for repairing costs, such as the exchange of the victim's leisure cars.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

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

1. An accident vehicle photograph;

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 3 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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