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(영문) 전주지방법원 군산지원 2016.08.19 2016고단526

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

1. The Defendant is a person who is engaged in driving a vehicle C in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 2, 2016, the Defendant driven the said car under the influence of alcohol content of 0.138% in blood around 14:13 on May 2, 2016, and led to the driving of the said car in the direction of the atomic shooting distance from the surface of Kim Jong-do to the roads adjacent to the original Ambassador distance in the Donsan-si, Yasan-do.

At the time, other vehicles are stopped due to the signal waiting at the front section of the car operated by the defendant, so in such a case, the driver of the vehicle has a duty of care to thoroughly stop the vehicle and prevent the accident by safely stopping the vehicle after operating the steering system and operating the steering system properly.

Nevertheless, under the circumstances where the Defendant is unable to normally drive alcohol to the extent that the walk is unscam and the horse is divided into a non-scam and it is difficult for the Defendant to drive the horse normally, the Defendant got off the back part of the above cargo vehicle due to the negligence that the Defendant was unable to timely find out the sports cargo vehicle at the front of the Defendant’s passenger car and suffered injury, such as scam and tensions, which require approximately two weeks of treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. On September 10, 2012, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) in the Gunsan Branch of the Jeonju District Court on September 10, 2012, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) in the same court on September 23, 2015.

Nevertheless, on May 22, 2016, the Defendant: (a) from the roads of Hasan-si, Chungcheongnam-do; (b) around 14:13, Chungcheongnam-do; and (c) from the roads of Hasan-do.