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(영문) 수원지방법원 성남지원 2013.11.29 2013고단1856
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 00:10 on August 23, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.214% on the roads in front of the Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul-si, on the roads in front of the Sungdong-gu, Gwangju-si, the Defendant driven approximately 4 km of the Cco-do cargo vehicle.

2. On August 23, 2013, the Defendant violated the Road Traffic Act: (a) was engaged in driving of CCorrodo cargo, and (b) was driving along two lanes along the two-lane roads in front of the Sungnam-dong, Gwangju-si, Gwangju-si, toward the side of the Sungnam-si; (c) in such a case, even though a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering gear and brakes and prevent accidents by accurately manipulating the steering gear and brakes; (d) was negligent in driving the motor vehicle as they were, and thereby, caused the Defendant’s failure to perform the duty of care to prevent accidents, thereby damaging the Defendant’s running direction to the front part of the said cargo, and thereby damaging KRW 748,50 as repair cost.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the time and place indicated in the foregoing paragraph 1. The Defendant operated the instant co-owned truck, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. On-site photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment (the main driving, the choice of imprisonment), Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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