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(영문) 대구지방법원 포항지원 2018.08.29 2017고단1147
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was notified of a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Daegu District Court Port Support on January 17, 2008, and was notified of a fine of KRW 5 million for the same crime on October 11, 201, and was notified of a fine of KRW 1 million for the same crime in the Suwon District Court Port Support on January 24, 201. The Defendant was notified of KRW 5 million for the same crime in the Daegu District Court Port Support.

[Criminal facts]

1. On August 10, 2017, the Defendant: (a) driven a motor vehicle of Fcoon in the state of alcohol alcohol concentration of approximately 0.066% from a section of about 150 meters from the front of C pharmacy located in Nam-gu, Nam-gu, Seoul to the front of the restaurant located in D at the port of port at the port of port, at around 01:20 on August 10, 2017, while under the influence of alcohol level of about 0.06%.

2. On August 10, 2017, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”) was driving a car at FF Cordo around FF 01:20 on August 10, 2017, and was driving ahead of the E restaurant located in south-gu D at port.

Since there is a place where a vehicle is parked around, in such a case, a person engaged in driving service has a duty of care to properly see the front door and the left and right, and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the above road, which was the victim G, who was parked at the right side of the above road, and received the part behind the left side of the above car.

Ultimately, the Defendant damaged the victim’s car by occupational negligence as above in terms of KRW 1,034,748, such as the exchange of the victim’s car.

3. The Defendant violated the Guarantee of Automobile Compensation Act, as a person who owns a car in F Coin, Ltd., and operated the said car without mandatory insurance at the date and place specified in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

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