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(영문) 대전지방법원 논산지원 2013.11.08 2013고단290
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who collects water while driving and traveling a B Poter Cargo Vehicle under his/her own possession.

On May 5, 2013, at around 11:30, the Defendant driven the pertinent cargo vehicle with blood alcohol concentration of 0.122% under the influence of alcohol without a driver’s license, and did not look at the right side of the vehicle in the opposite market parking lot located in Gangseo-gu, Gangseo-gu, Seosan-gu, the Defendant left the front right side part of the victim C-owned Drentop motor vehicle, which was parked in the direction of the right side side of the Defendant’s cargo vehicle.

As a result, the Defendant damaged the damaged vehicle to cover repair costs equivalent to KRW 217,866.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C’s police statement;

1. Application of the provisions of the Acts and subordinate statutes to the actual condition survey report, field photographs, inquiry into the results of drinking control, reporting on the circumstantial statement of a drinking driver, investigation report (in the face of 40 pages of investigation records), estimates, driver's license register, mandatory insurance, entry into the vehicle register, or video recording, respectively;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the relevant criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of operating a motor vehicle which is not mandatory insurance) Article 151 of the Road Traffic Act (the point of operating a motor vehicle)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of punishment, violation of the Road Traffic Act, and violation of the Guarantee of Automobile Accident Compensation Act, shall be sentenced to imprisonment, and a imprisonment without prison labor shall be sentenced to the crimes of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act shall be the lowest limit;

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