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(영문) 춘천지방법원 강릉지원 2016.05.27 2015고단1362
도로교통법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of C Saturdays vehicles in violation of the Road Traffic Act due to traffic accident.

On November 12, 2015, the Defendant driven the above vehicle at a speed of 02:40 on November 12, 2015, and driven the front of the “E” road located in Gangseo-si D at a sloping speed from the right edge to the breakwater.

At the time, there is little late-time and street lights, and therefore, in such a case, the driver had a duty of care to operate safely by accurately manipulating the steering right and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant’s negligence of operating beyond the center line as it was, without neglecting such duty of care, destroyed the front left-hand part of the Plaintiff’s G rocketing car owned by the victim F, which was parked in the opposite direction by the lower left-hand part of the Plaintiff’s front-hand part of the said Switzerland car, and subsequently reversed the part of the Defendant’s front-class left-hand part of the said rocketing car owned by the victim H, which was parked later, into the lower left-hand part of the said Switzerland car, so that the repair cost of the said rocketing car is approximately KRW 2,295,478, and KRW 73,978, respectively.

2. On September 12, 2006, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 3 million for a violation of the Road Traffic Act, due to a violation of the Road Traffic Act (driving) at an early branch of the Chuncheon District Court, as well as a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court. On November 25, 201, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license).

On November 12, 2015, the Defendant was under the influence of alcohol of 0.273% in blood without a driver’s license of a motor vehicle on November 12, 2015, and approximately 300 meters in front of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the Gangnam-gu Seoul Metropolitan Government Order.

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