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(영문) 창원지방법원 마산지원 2014.09.17 2014고단679
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2014, at around 16:10, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license), the Defendant did not obtain a driver’s license in the section of approximately 1 kilometer from the vicinity of the Haak-gun, Haak-gun, Haan-gun to the front road of the Hadong-dong, Haak-gun, the Haak-gun, the Haak-gun, and driven B B Poter, the 0.232% alcohol concentration while under the influence of alcohol.

2. The Defendant violated the Road Traffic Act, as a person engaged in driving of cargo vehicles under the above paragraph (1) above, was driving at the date and time set forth in paragraph (1), and as a result, as the Sinnam-gun, Hanan-gun, Hannam-gun, Hannam-gun, the flow of the official road was driving at an insular speed from the Gang-ri distance

At the time, the Defendant followed the victim C Driving Motor Vehicle that was in operation prior to the time, and in such a case, the Defendant was obligated to thoroughly drive the front door and the left door door door and the right door door and to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and received the back part of the passenger car as the front part of the said cargo vehicle.

Ultimately, the Defendant damaged the victim E-owned M& car by the above occupational negligence in order to cover KRW 1,051,367, such as the repair cost, etc. for the front-time driver exchange, etc.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle, which was not covered by mandatory insurance, at the time and place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written report from an employee of an employer;

1. The motor vehicle driver's license inquiry;

1. Transverse inquiry (D);

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Articles 44 (1), 152 subparagraph 1, 43, and 151 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Article 40 of the Criminal Act of the Commercial Competition.

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