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(영문) 인천지방법원 부천지원 2019.03.21 2018고단3302
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 13, 2009, the Defendant was sentenced to a summary order of 2 million won as a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and 2.5 million won as a fine from the Incheon District Court’s Branch Branch Branch on November 10, 201 to a fine of 2.5 million won as the same crime. On April 24, 201, the Defendant was sentenced to a suspended sentence of 8 months for the same crime at the same court.

On October 19, 2018, at around 20:24, the Defendant driven the E-Poter truck with a blood alcohol concentration of 0.208% from the 54m section from the front of the C store located in Kimpo-si B to the front of D.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of a cargo vehicle.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant driven the E Poter Cargo which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in the above Paragraph 1.

3. The Defendant is engaged in driving of E-Popsing vehicles.

On October 19, 2018, at around 20:24, the Defendant: (a) driven the above cargo vehicle in front of the C store located in Kimpo-si, Kimpo-si; (b) caused the damage of KRW 673,00,00 for the repair cost to the lower part of the left-hand part of the GMW 520D car owned by the victim F, which was parked in the front of the C store located in Kimpo-si, due to occupational negligence, which was under the influence of alcohol, and failed to perform the duty at the time of the rear, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (verification of driving distance);

1. The survey report on actual condition, field photographs, reports on the actual state of a drinking driver, investigation reports, notification on the results of the control of drinking driving, license register, vehicle inquiry, mandatory insurance, and information on subscription to mandatory insurance;

1. Images and photographs after closures and estimates;

1. Previous record: A criminal report (Attachment of the same attached power) and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;

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