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(영문) 서울북부지방법원 2017.09.21 2017고단3016
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2014, the Defendant issued a summary order of a fine of three million won for a crime of violating road traffic law in the support of the Daejeon District Court on December 29, 2014, and on January 8, 2016, a summary order of a fine of four million won for the same crime from the Suwon District Court in the same site.

1. On June 21, 2017, the Defendant driven a 10-meter D cruise car at the 'C' hotel parking lot located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, while under the influence of alcohol of 0.182% without a driver's license on June 21, 2017.

2. The Defendant in violation of the Road Traffic Act is a person engaging in driving a passenger car as set forth in the above paragraph (a).

As described in the above paragraph (a) above, the defendant was driven behind the vehicle in the parking lot. In this case, the driver of the vehicle has a duty of care to operate the steering gear and brake in a safe way so as not to conflict with other vehicles parked in a clear spirit.

Nevertheless, the defendant, as described in the above paragraph (a), caused the damage to the right side part of the FK5 passenger car owned by the victim E, which was parked adjacent to the defendant's driver's vehicle due to an occupational negligence that did not show the right side while driving in the state of alcohol as described in the above paragraph (a), to the left side part of the above cruise car, and caused the damage to the above K5 passenger car by sufficient parts of the Hf passenger car owned by the victim's G, which was parked adjacent to the plaintiff's 5 passenger car due to this shock to the left side part of the 5 passenger car, which was parked adjacent to the plaintiff's Ha, while driving in the state of alcohol as described in the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of a traffic accident, a report on the actual condition of a driver in charge, a report on detection of a driver in charge, a ledger of driver's licenses, a written statement of occurrence of each traffic accident (G and E), and each other.

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