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(영문) 수원지방법원 2017.06.13 2017고단337
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[2] On November 29, 2010, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving), and on October 12, 2012, the same court issued a summary order of KRW 4,00,000 to a fine for the same crime on at least two occasions. On November 27, 2014, the Defendant was released on June 30, 201 when he/she was sentenced to imprisonment for eight months or more due to fraud, etc. in the Suwon District Court, and the period of parole was terminated on July 26, 2015.

[Criminal facts] The Defendant is also a person who is engaged in driving a car.

On August 14, 2016, the Defendant driven the said car while under the influence of 0.137% alcohol during blood without obtaining a driver’s license on August 21, 2016, and led the Defendant to drive the said car on the right side of the road front of the point where the Hysan No. 251 was located in Samcheon-ro, Samcheon-ro, Youngcheon-ro, Donnam-ro, 251 at the time of harmony.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear and was placed in front of the right side of the Defendant’s driver’s car in order to protect pedestrians who installed on the right side of the driving direction.

Ultimately, the Defendant damaged the above pents managed by the management office of the State land of the victim water sources by occupational negligence as above, to cover approximately KRW 4,400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident, report on occurrence of a traffic accident, notification on the results of regulating drinking driving, and the register of driver's licenses;

1. Written estimate;

1. Photographs related to accidents;

1. Previous convictions: Inquiries into criminal records and criminal investigation records, and application of Acts and subordinate statutes to report criminal investigations (prior convictions of suspects and repeated crimes);

1. Criminal facts;

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