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(영문) 광주지방법원 순천지원 2019.02.20 2017고단1397
도로교통법위반(음주운전)등
Text

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

Of the facts charged in this case, a prosecution against the violation of the Road Traffic Act is instituted.

Reasons

Punishment of the crime

On November 20, 2012, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on November 20, 2012. On July 24, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the same offense, etc. in the same court.

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. Around 09:05 on June 30, 2017, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol by 0.212% from the section of about 2km from the D’s front road in Mineyang-si C to the front day of the F high school in E, to the front day of the F high school located in E.

2. On June 30, 2017, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said cargo vehicle not covered by mandatory insurance at a section of about 2 km from D, which is located in Gwangju-si C, to E, in front of the due diligence of Fhigh School located in E, around 09:05.

"2017 Highest 2145"

3. On July 22, 2017, the Defendant caused assault and injury: (a) around 16:20, on the ground that the victim G (the age of 48) was acting in the forest sampling park located in Gwangju-si Forest 123, a forest sampling road; (b) on the ground that the victim G (the age of 48) acted without a brucation, the Defendant suffered non-bloods that require treatment of the victim’s number of days of treatment.

Summary of Evidence

"2017 Highest 1397"

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Mandatory insurance policies;

1. Evidence and photographs of the traffic accident;

1. Previouss of judgment: Criminal records, reply reports, written judgments, etc.;

1. Legal statement of witness G;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 148-2 (1) 1 of the Road Traffic Act, Article 148-2 (1) of the Act on the Guarantee of Automobile Accident Compensation, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and Article 262 of the Criminal Act concerning the operation of an automobile which is not covered by mandatory insurance, and Article 262 of

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