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(영문) 수원지방법원 안산지원 2014.02.19 2013고단3106
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM5 vehicles.

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant violated the Road Traffic Act driving the above vehicle around 01:55 on September 15, 2013, one-lane of the two-lanes of the 1397 East-do, Sinsan-si, Nowon-gu, Nowon-gu, along the intersection from the direction of the Sinsan-do.

In such cases, a person engaged in driving of a vehicle has a duty of care to take into account the situation of traffic on the front side and the right side, accurately manipulate the device, and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the victim C-owned truck, which was parked on the left side of the running direction of the Defendant, due to the negligence in the course of the business where the vehicle is driven at a rapid speed without being negligent, and led to an accident where the front part of the victim C-owned truck, which was parked on the left side of the running direction of the Defendant, was moved back to the left side of the Defendant’s vehicle, and caused an accident where the front part of the F-owned truck, which is owned by the victim E-owned after the above Poter II truck, was moved to the front part

Ultimately, the Defendant suffered injury to the injured party G (Nam and age 25) who was on board the Defendant’s vehicle due to the foregoing accident, such as the left-hand side booms, open-up booms, etc. requiring a six-day medical treatment, and damaged the said truck owned by the victim C to cover approximately KRW 9,352,430 of the repair cost, and the victim E to cover approximately KRW 873,716 of the repair cost.

2. Around 01:55 on September 15, 2013, the Defendant driven the said BM5 vehicle under the influence of alcohol level of about 0.104% at a section of about 2km from the front side of the front side of the member-gu in Ansan-si to the front side of the 1397 front side of the member-gu in Ansan-si. The Defendant driven the said BM5 vehicle under the influence of alcohol level of about 0.104%.

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

Nevertheless, the defendant is on the same date and time as Paragraph 1.

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