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(영문) 수원지방법원 평택지원 2014.08.07 2014고단469
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

[criminal power] On April 18, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 17, 2007, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court on June 17, 2008, and a fine of 5 million won for the same crime in the same court on August 22, 2013, respectively.

【Criminal Facts】

1. The defendants who violate the Road Traffic Act, the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act shall be engaged in driving a CNAS car;

On February 17, 2014, at around 23:20, the Defendant driven the said car with a blood alcohol concentration of 0.106% without a driver’s license, and led the chamber of commerce and industry, which is in Pyeongtaek-si, to drive the said car at a speed of 0.106%, at about 60km per hour, depending on the two-lanes of speed, from the air-conditioning market to the air-conditioning market.

In such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents by properly examining the left and right of the front side.

Nevertheless, under the influence of alcohol, the Defendant did not discover a victim D(44 years of age)'s E-Rad car which was left left at the right side of the vehicle driving of the Defendant in the direction of the vehicle driving of the Defendant in the traffic center at the right side of the driver's office, and did not discover a victim D(44 years of age)'s E-Rad car and shocked the above part of the driver's vehicle with the upper part of the front part of the driver's vehicle at the right side of the Defendant's driving.

Ultimately, the Defendant damaged the car owned by the victim due to the above occupational negligence in a way that amounting to KRW 552,486 of the repairing cost.

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

Nevertheless, around February 17, 2014, the defendant operated the CNS car that is not covered by mandatory insurance at the place specified in Paragraph 1.

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