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(영문) 서울서부지방법원 2013.07.11 2013고단1144
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. On June 11, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 23, 2009, by a fine of KRW 500,000 at the Seoul Western District Court on February 23, 2009.

On April 16, 2013, at around 18:30, the Defendant driven the above motorcycle while under the influence of alcohol of 0.115%, and changed the lane while driving the four-lane road in front of the Belgium hotel in Eunpyeong-gu Seoul Metropolitan Government on the surface of the air tunnel, which is about about 20km in the speed of the health source.

In this case, the driver has a duty of care to inform the person engaged in driving service of the direction such as direction, etc. in advance and to change the lane safely by taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane to the left-hand side by the negligence of the sudden change of the lane, and was driven by the victim D(30 years of age) who was driving at the right-hand side of the instant motor vehicle.

Ultimately, the Defendant caused the above occupational negligence to damage the repair cost of the passenger car owned by the victim to the extent of KRW 679,116.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile.

No two-wheeled motor vehicle not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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