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(영문) 대구지방법원 2018.09.04 2017고단3831
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

피고인은 C 포르테 쿱 승용차의 운전업무에 종사하는 사람이다.

On July 2, 2017, the Defendant driven the said car without obtaining a driver's license of a motor vehicle on July 2, 2017, with a blood alcohol concentration of 0.159% under the influence of alcohol, and led the said car to proceed to the front side of Daegu Jung-gu D in accordance with the ballebb, which was the front side of the road of Daegu Jung-gu.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

그럼에도 피고인은 술에 취하여 이를 게을리 한 채 진행한 과실로 피고인 진행 방향 좌측에 주차되어 있던 피해자 B 소유의 E 올란 도 승용차의 우측 옆면을 위 포르테 쿱 승용차의 좌측 앞 범퍼로 들이받았다.

After all, the Defendant damaged the car in the above column by occupational negligence, which is equivalent to KRW 4,651,50,00.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (A);

1. Inquiry into information about the mandatory insurance (C) and the non-performance of the mandatory insurance;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Article 151 of the relevant Act concerning the facts constituting an offense, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43, and the main sentence of Article 80 of the Road Traffic Act (the point of driving without a license) Article 46 (2) 2 and the main sentence of Article 46 (2) 8 of the Guarantee of Automobile Compensation for Damages (the point of operating an automobile with no mandatory insurance) of the relevant Act;

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

1. Selection of penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Compensation order and the promotion of provisional execution litigation, etc.;

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