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(영문) 의정부지방법원 고양지원 2015.12.04 2015고단1963
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Around 15:35 on July 12, 2015, the Defendant was driving a B B B B B sathn vehicle under the influence of alcohol concentration of 0.203% in blood alcohol content from the islands near the Soyang-gu, Seoyang-gu, Seoyang-gu to the roads in front of the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B or another car.

The Defendant, while under the influence of alcohol concentration of 0.203% at the time and place set forth in paragraph (1), was driving the said small-scale car at the same time as the blood alcohol concentration of 0.203%, and continued to drive the said small-scale car in front of the water village at the Seoyang-gu Busan Metropolitan City.

At the time, there is a center line installed, so in such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by thoroughly observing the vehicle line while complying with the vehicle line.

Nevertheless, the Defendant neglected to do so and brought about the left-hand portion of the DK5 car owned by the victim C, which was driven in the opposite vehicle line due to the negligence of the central line under the influence of alcohol as above, in front of the left-hand portion of the said Soon car.

Ultimately, the Defendant damaged the said K5 vehicle’s repair cost by occupational negligence as above, which is equivalent to KRW 1,265,152.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the time and place stated in Paragraph 1, and even if no one operates a passenger car which is not covered by mandatory insurance, he operated the said B B B passenger car without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on the actual status of traffic accidents, a report on the detection of the owner of a motor vehicle, a mandatory insurance investigation, and a written estimate;

1. Application of statutes on the site and vehicle photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the Road Traffic Act (the point of destroying and damaging Articles by Negligence), and Article 158 of the Road Traffic Act (the point of causing a damage to

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