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(영문) 부산지방법원 서부지원 2018.12.12 2018고단1690
도로교통법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 5 million for the same crime at the same court on May 12, 2017, respectively.

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a bicycle with a engine device B below 125cc.

On July 14, 2018, the Defendant driven a bicycle with alcohol level of 0.118%, while under the influence of alcohol leveling from around 07:40 on July 14, 2018 without a motor device or bicycle driver's license, and led the Defendant to drive three lanes in front of the station of the Busan subway station in Busan, which is located in 400, along the stern-dong of Busan, along the first lane from the east side.

A person engaged in driving service has a duty of care to live well on the right and the right and the right and the right, and to safely proceed with the right and the right and the right.

Nevertheless, for the purpose of overtaking the vehicle in the front direction with the negligence of neglecting the front direction, the Defendant received the front part of the Defendant’s motor bicycle in front of the Defendant’s driver’s bicycle, which was driven by the victim C (26 e.g., the victim C (26 e.) who tried to be a U.S. driver in front of the Defendant’s motor vehicle.

The Defendant damaged the damaged passenger cars by negligence in the course of performing the above duties to cover the 900,000 won of the repairing cost.

2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (licensed driving), and the Act on Guarantee of Compensation for Motor Vehicles at around that time, operated the said bicycle without mandatory insurance without a motor driver’s license, in approximately 500 meters distance from the lower end of the 458-meter-dong, Busan, to the site of the accident at which the Defendant was in violation of the Act on Guarantee of Compensation for Motor Vehicles, from the lower end of the 458-meter-dong, Busan, to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report (on-site investigation report), each accident-related photograph (e.g., black stuff images).

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