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(영문) 수원지방법원 2014.04.24 2014고단309
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

The defendant is a person who is engaged in driving a Brenren car.

1. Around 01:50 on October 3, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.148%, without obtaining a driver’s license, at a section of about 60 km from the 11km away from the 11km away from the Sinsan-si Gyeongpo-gu Gyeongpo-si Highway, in front of the pota-si restaurant where the trade name in the south-gu movement at port is unknown, at which the Defendant was under the influence of alcohol with a blood alcohol content of 0.148%.

2. The Defendant violated the Road Traffic Act by driving the said car at a temporary border as referred to in the above Paragraph 1, and driving the two-lane road at a distance of 11 km away from the direction of the port to the direction of the port in Daegu.

At all times, a person engaged in driving on an expressway has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and thoroughly perform the duty of driving on the road so as not to drive the motor vehicle at a speed or in a manner that may cause danger and obstacle to others.

Nevertheless, the Defendant was negligent in driving stroke while neglecting the duty of strokeing, and did not find a DNA fright-free vehicle driven by the victim C in the front area and received the said freezing part of the Defendant’s vehicle as the front part.

Ultimately, the Defendant destroyed the said freezing vehicle owned by the victim so that the repair cost equivalent to approximately KRW 4,550,000 is to be borne by the said occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons C;

1. Report on the current status of drivers, and the register of driver's licenses (Evidence No. 10);

1. The actual condition survey report;

1. Application of the written estimate statutes;

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

1. Trade name;

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