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(영문) 수원지방법원 2014.06.12 2013고단3119
도로교통법위반등
Text

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

However, 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

[criminal power] On July 11, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court, and KRW 5 million as a fine in the same court on December 30, 201.

【Criminal Facts】

The defendant is a person who is engaged in driving of a gallon or a passenger car.

On May 17, 2013, at around 20:30, the Defendant driving the said vehicle without obtaining a driver’s license in the state of driving alcohol concentration of 0.168%, and driving the said vehicle into the mandatory insurance, and driving the road in front of the MG Handphone agency located in the TG 108-8, Suwon-gu, Suwon-si, Suwon-si, in the direction of the painting distance.

It is a narrow road where vehicles are parked on the side of the road, so in such a case, the driver of the vehicle has a duty of care to live well on the front side and the left side of the vehicle and drive the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant destroyed the victim's car volume by collisioning the back portion of the victim's car volume by the victim C, who was parked on the right side of the road due to the negligence of neglecting it, and then damaged the victim's car volume so that the repair cost is equivalent to 3,515,600 won.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A report on the actual state of the driver;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. A copy of a written estimate for vehicles;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 151, subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Road Traffic Act, punishment by imprisonment without prison labor, the violation of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act shall be applied.

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