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(영문) 청주지방법원 영동지원 2014.03.20 2013고단245
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 the owner of a unregistered motorcycle.

On October 19, 2013, the Defendant, without a motorcycle driver's license on October 15:48, 2013, driven the above unregistered motor vehicle with no mandatory insurance with a blood alcohol concentration of 0.267%, as his/her duties, and continued the roads in front of the Japanese oil station located in the organization of the Dong-dong, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Since the place is where the center line of yellow-ray is installed, the driver of the motor bicycle has a duty of care to safely drive the motor vehicle in such cases.

Nevertheless, the Defendant neglected this and received the front part of the C presson board, which was driven by the victim B (the aged 76) who had been normally driven in the opposite lane due to the negligence of running the central line frightly under the influence of alcohol, as the front part of the said motorcycle.

After all, the Defendant destroyed the above 998,268 won of the repair cost by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement related to the traffic accident B;

1. Reports on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A written appraisal of alcohol during blood;

1. Written estimate;

1. Application of Acts and subordinate statutes to a license ledger, chassis, and mandatory insurance bureau;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 1, 44 (1), 154 subparagraph 2, 43, and 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of drinking alcohol and the crimes of unlicensed driving, and the crimes of heavy drinking alcohol driving)

1. A crime of violation of the Road Traffic Act (driving) at the option of a punishment;

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