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(영문) 부산지방법원 동부지원 2012.11.07 2011고단3794
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

1. Around 23:40 on August 28, 201, the Defendant driven the said vehicle under the influence of alcohol by 0.185% without obtaining a driver’s license from the front side of the community credit cooperatives located in the Southern-gu, Busan to the end of about 100 meters from the south-gu, Busan to the front side of the city credit cooperatives located in the Nam-gu, Busan to the end of 546-49, Nam-dong.

2. On the date and time set forth in paragraph 1 above, the Defendant violated the Road Traffic Act, leading 546-49 way way from the side of the house to the intersection of door-gu.

At this time, there are a strong and surrounding vehicles, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle, such as taking the front door and left door well, accurately operating the steering system, avoiding the collision with the parked vehicle.

Nevertheless, under the influence of alcohol as above, the Defendant was negligent, and the victim C, the victim C, who was parked on the right side of the Defendant’s proceeding direction, also received the back part of the bareboat vehicle’s right side and the part adjacent to the right side of the Flue Shacker’s car, the victim E, as well as the part adjacent to the right side of the car.

As a result, the Defendant, by the above occupational negligence, destroyed the above Qu-do vehicle in the above amounting to approximately KRW 338,240, and damaged the above amounting to approximately KRW 2,059,134, respectively.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the said car without mandatory insurance at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident prepared by E and C;

1. A traffic accident report (1) (2);

1. Mandatory insurance policies;

1. 1. Report on Protruding Drivers, and Report on Protruding Drivers;

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