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(영문) 춘천지방법원 영월지원 2017.10.17 2017고단293
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with two highest strings in violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act;

On July 8, 2017, the Defendant driven the said car with alcohol content of 0.191% under the influence of alcohol without obtaining a driver's license on July 13:30, 201, and led the Defendant to drive the said car along two-lanes from the direction of the Pyeong-gun, Gangwon-gu, Seoul Special Metropolitan City, which opened the two-lane road at the entrance of the Gangwon-gu Seoul Special Metropolitan City Office rental Ordinance, along with two-lanes from the direction of the Yak-gu, which opened the two-lane road.

At the time, a soundproof wall was installed in the construction of Youngdong Co., Ltd. in order to construct a bypass road on the right side of the defendant's moving direction, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle by keeping the front side and the left side.

Nevertheless, the Defendant left the lane under the influence of alcohol and went beyond the right boundary of the road, thereby making the soundproof wall a front part of the car driving by the Defendant.

Ultimately, the Defendant damaged the soundproof walls to the extent that the repairing cost of KRW 2,400,000 was damaged by occupational negligence as above.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a passenger car with B low-priced fluor.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Written estimate;

1. The driver's license ledger;

1. Inquiries about mandatory insurance and application of Acts and subordinate statutes to information about non-performance of mandatory insurance;

1. Criminal facts;

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