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(영문) 부산지방법원 2018.05.10 2018고단1174
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2018, the Defendant was charged with summary charges due to a violation of the Road Traffic Act (drinking driving) with the Busan District Court's branch branch on January 30, 2018, and was charged with summary charges on February 2, 2018 with the same crime with the Busan District Court.

Criminal facts

1. On March 19, 2018, the Defendant driving a motor vehicle without a driver’s license under the influence of alcohol at around 08:5 on March 19, 2018, while under the influence of alcohol at around 08:101% of alcohol among blood, and without obtaining a driver’s license, and driving a motor vehicle without a driver’s license under the influence of alcohol at about 9km in the section of about 9km from the vicinity of the Busan Jin-gu to the front road of the D cafeteria located in the same Si/Gu.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated a car on the road by re-satising the said car, which was not covered by mandatory insurance at the date and place of No. 1.

3. Violation of the Road Traffic Act (In the event of accident) the Defendant driven the above car at the time of paragraph 1, and driven the three-lanes in front of the D cafeteria located in Busan, Suwon-gu C, along the two-lanes from the intersection of the network to the intersection of the road.

In such a case, although a person engaged in driving service has a duty of care to properly operate the steering gear and operation the steering gear in a correct manner, the defendant, while under the influence of alcohol, proceeded into the three-lane, while taking part of the left side of the F driver's G project, which was parked in the signal line from three-lanes to the right side of the f driver's vehicle, with the above part of the f driver's G project, which was parked in the signal line at the right side of the f driver's vehicle, and runs away without taking necessary measures, even though he damages the f driver's car, and immediately stops the vehicle and does not take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A written diagnosis, written estimate, and each photograph;

1. The principal driver;

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