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(영문) 부산지방법원 동부지원 2015.06.18 2015고단745
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Around 20:00 on April 12, 2015, the Defendant driving a two-wheeled-wheeled motor vehicle with no number plate in the section of approximately 1.3 km from the front of the new walk in the same Dong located in the customary market located in the port of Busan, Daegu, under the influence of alcohol concentration of 0.150%.

2. The Defendant violated the Road Traffic Act, as stated in paragraph (1), driven the said two-wheeled vehicle while under the influence of alcohol, and driven the front of the new valley elementary school located in the seat of Busan Metropolitan City Shipping Daegu along the 2-lanes from the side of the Maritime Grand Hospital.

Since there is a signal, there was a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

Under the influence of alcohol, the Defendant was negligent in neglecting this and driving in the same direction and received the rear part of the C C C stifle car driven by the victim B, who was in the same direction, as the front part of the two-wheeled automobile.

Accordingly, the Defendant damaged the victim’s car by occupational negligence as above, which is equivalent to KRW 2,952,928 of the repair cost.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

At around 20:00 on April 12, 2015, the Defendant operated the two-wheeled automobile without mandatory insurance to the frontway of the new rice elementary school located in the same Dong located in the customary market located in the Busan metropolitan transportation Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the occurrence of a traffic accident as prepared B;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the written estimate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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