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(영문) 창원지방법원 2017.12.19 2017고단3909
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. On April 30, 2015, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on September 26, 2016, a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act by the same court.

On September 25, 2017, the Defendant operated a motor device bicycle at a distance equivalent to about 1.5km from around 02:28 to around 3rd road in Kimhae-si, Kimhae-si, without obtaining a motor device bicycle license from around 02:28 to around 0.164% of alcohol in blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above Oba, which was not covered by mandatory insurance, at the above time and place.

3. The Defendant violated the Road Traffic Act by driving the Oratob above the off-line of the above day and driving the front road C, located in Kimhae-si B, from the front apartment, to the green apartment.

At the same time, there are many vehicles parked on both sides of the flat road along the side streets, and the driver had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering and the right and duty of care.

Nevertheless, without obtaining a motor device bicycle license, the Defendant was parked along the right side of the victim E 1 ton cargo vehicle owned by the victim D, which was parked on the back side of the defendant's running direction due to the negligence of wrong operation of steering gear while under the influence of alcohol without a motor device bicycle license.

Accordingly, the Defendant damaged the above occupational negligence to have approximately KRW 566,652, such as repair cost, etc. in front of the above freight vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

1. A survey report on actual conditions;

1. Written estimate;

1. The principal driver;

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