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(영문) 창원지방법원진주지원 2020.09.09 2020고단1204

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Around 12:01 on June 8, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven the E 7-car under the influence of alcohol with a blood alcohol concentration of about 0.307% at a section of about 300 meters in front of the building B at Scheon-si, with the roads in front of D in the same city C.

2. Around June 12, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle by driving the said vehicle on the two-laned roads of the second line from the surface of the building B to the F apartment room from the surface of the building B.

Since vehicles are operated on the front side at the time, they did not drive under the influence of alcohol, and they had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and changed the vehicle line to a single-lane under the influence of alcohol level of 0.307% by the negligence of changing the vehicle line into a single-lane, and caused the part of the victim G (n, 45 years old) driving on the one-lane, which was parked on the right side of the vehicle of the Defendant’s vehicle, to a single-lane part before the left side of the vehicle of the Defendant.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report and photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act for orders to provide community service and attend lectures;