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(영문) 전주지방법원 정읍지원 2017.07.13 2017고단166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2017, the Defendant violated the Road Traffic Act (i.e., an accident) driving a motor vehicle under the influence of alcohol level of 0.128% at around 15:30, while under the influence of alcohol level of around 15:30, without obtaining a driver’s license, and driving a motor vehicle of 0.128% at around 0.128%, leading the road front of the D gas station located in Haan-gun C from the direction of shooting.

Since there is a road where a speed prevention threshold is installed, there was a duty of care for those engaged in driving service to live well, reduce speed, and operate the brake accurately.

Nevertheless, the Defendant neglected this and proceeded in the same direction by negligence, and received the back part of the F Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Ultimately, the Defendant, by occupational negligence above, destroyed the repair cost of the car in the car in the car in question to be equivalent to KRW 532,739, and did not immediately stop and stop to rescue the damaged person, and escaped without taking any measures such as aiding and abetting the damaged person.

2. On March 23, 2017, the Defendant: (a) driven a motor vehicle without a driver’s license in the state of alcohol concentration of approximately 80 km at approximately 0.128% from the 80km section to the front road of the 15:50 km-gun, Kim Jong-si on the same day from the 10:30 on March 23, 2017, while driving a motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to the investigation report (related to addition of the applicable provisions);

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Commercial concurrence;

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