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(영문) 서울남부지방법원 2013.08.13 2013고단1854
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act, and on August 20, 2007, a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act.

1. Around 01:00 on April 26, 2013, the Defendant driven a BFweet car under the influence of alcohol content of approximately 0.107% from the section of approximately 1.6km to the road front of the 123 Electronic Road Network in Guro-gu Seoul Metropolitan Government from the same day to the 01:30 on the same day.

Accordingly, the Defendant, who violated the prohibition of drunk driving more than twice, was driven under the influence of alcohol again.

2. The Defendant is a person engaging in driving service of B EF Las or other automobiles.

On April 26, 2013, at around 01:30, the Defendant driven the above vehicle and opened the two-lane road in front of the 403-66, Guro-gu Seoul Metropolitan Government opening, and operated the two-lane road from the luminous edge to the luminous speed.

At the time, there are night and where the commercial buildings are concentrated, and there are vehicles parked on the front side of the commercial building, so there was a duty of care to prevent accidents by driving a vehicle on the side by taking into account whether there is a vehicle parked on the side by reducing speed and checking well the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant did not discover the DK7 car owned by the injured party C, which was parked on the front side while neglecting such duties, and continued to the left side of the said car, and received the part as fences around the right side of the car driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, damages the said car to the extent that the repair cost, such as the cost of exchange and rearrangement, after the left-hand side, was 5,047,338 won.

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