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(영문) 춘천지방법원 원주지원 2014.03.18 2013고단859
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 14:25 on November 12, 2013, the Defendant driven a C-business taxi under the influence of alcohol with approximately 40 meters alcohol concentration of 0.236% in the section of approximately 40 meters from the runway side of the Gangseo-gun Eup Eup/Myeon, the crossing-gun, the crossing-gun, to the c-business taxi located in the angle of the forest located in the Gangseo-gun, the crossing-gun, the crossing-gun, the crossing-gun, the crossing-gun, and the c-business taxi.

2. The Defendant is a person who is engaged in driving of C-business taxi.

On November 12, 2013, at around 14:25, the Defendant, while under the influence of alcohol, was driving the said taxi and continued to drive it on the road near the Gangnam-gu Crossing-gun Crossing-gun, Gangwon-do.

At the time, the victim D’s Ept 2.0 car was parked on the left side of the taxi at the time, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle by making it possible for the driver of the vehicle to live well, accurately operating the steering direction and brake system.

Nevertheless, the defendant neglected this and received the back portion of the passenger car of the victim in front of the left side of the taxi by negligence of the defendant.

Ultimately, the Defendant damaged the victim’s car by occupational negligence as above, which is equivalent to KRW 1,688,280,000.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to reports on detection of drivers and written estimates;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and Article 151 of the Road Traffic Act (the occupation of causing damage to property by negligence and the choice of imprisonment without prison labor);

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the original branch of the Chuncheon District Court on June 18, 2013; and (b) imprisonment with prison labor for eight months.

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