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(영문) 창원지방법원 2020.08.21 2020고단2098
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of one hundred thousand won.

The defendant does not pay a fine.

Reasons

Punishment of the crime

[criminal power] On October 12, 2009, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on September 13, 2010.

【Criminal Facts】

1. On June 2, 2020, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license) and the Guarantee of Automobile Accident Compensation Act without obtaining a driver’s license. On June 14:10, 2020, the Defendant driving D class III cargo vehicles, which were not covered by a mandatory insurance with a blood alcohol content of about about 200 meters from the front road of Kimhae-si to the front road B through the front road.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

2. On June 2, 2020, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”), driving the above D-wing and C-III cargo vehicles, and proceeding in front of his residence in Kimhae-si.

At this point, the Fchip car owned by the victim E was parked, so in such a case, the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by making it possible to see the right and the right and the right.

Nevertheless, the Defendant neglected to do so and neglected to perform his duties at the front time while driving under the influence of alcohol as described in the above Paragraph 1, and neglected to do so, and caused the Defendant to shock the front right part of the passenger car driver's seat and the front right part of the driver's seat.

Ultimately, even though it is clear that the Defendant damaged the amount of KRW 7,382,618 by occupational negligence above, he left the scene without taking necessary measures, such as providing personal information to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual condition and the control of drinking driving;

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