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(영문) 인천지방법원 2013.04.24 2013고단217
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the BP car.

1. On August 30, 2012, the Defendant driven the said vehicle under the influence of alcohol by 0.153% of alcohol concentration in blood, around 01:45, at around 01:0, the Defendant driven the said vehicle while under the influence of alcohol by 0.153%, from the front of the knive-dong knive-dong, Songpa-gu Seoul Metropolitan Government Ho-dong, to the front road of the bus stop for an apartment, a sub-dong, Hanam-dong,

2. The Defendant, at the time and place specified in paragraph (1) of the Automobile Accident Compensation Guarantee Act, operated the vehicle without purchasing mandatory insurance for automobiles.

3. On August 30, 2012, the Defendant violated the Road Traffic Act at around 01:50, the Defendant has a duty of care to safely operate a bus driver by accurately operating the front and rear side traffic situation and operating the steering gear, steering gear, and brake devices.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the steering gear properly, caused the shock absorption devices installed in front of the said car at the center of the said road to be damaged in a way that the repair cost of KRW 4,770,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a master-user report, mandatory insurance bureau, and estimate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 46 (2), 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars not covered by mandatory insurance, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of causing damage to property by occupational negligence, the selection 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. In the case of this case, even though the suspended execution has a number of records of punishment for drunk driving or unlicensed driving under Article 62 (1) of the Criminal Act;

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