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(영문) 광주지방법원 해남지원 2014.08.13 2014고단150

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2014, at around 21:48, the Defendant driven a motor vehicle in the spoke area B while under the influence of alcohol at 0.236%, and was driving on the side of the Gwangju Contracting State in front of the 42-10 Jindo-gun, Jindo-gun, Jindo-gun, Jindo-do, Jindo-do, Seoul.

At the same time, C patrols affiliated with the victim Jindo Police Station, which received the 112 report that the defendant is driving under the influence of alcohol, found the car of the spath which the defendant was driving and stopped opposite to each other for the purpose of inspection.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by temporarily stopping and complying with inspections or driving safely by checking well-being.

Nevertheless, the Defendant neglected to stop and negligently driven the vehicle in front of the right side of the patrol car as it is, while driving the vehicle in front of the above patrol car, and attempted to stop immediately and stop it in order to cause about 348,126 won in front of the right side of the patrol car and the upper side of the car in front of the right side.

The Defendant continued to turn to the left from the long distance from the front side while driving a car at the above Spo-Gun, and proceeds by using a two-lane road from the front side of the Eup/Myeon Office to the port of Eup/Myeon.

At 21:49 on the same day, it was leading to the intersection of the South-west Scenic distance.

At the same time, the victim's personal taxi was stopped for the signal atmosphere.

In such cases, a person engaged in driving service has a duty of care to observe and temporarily suspend signals.

Nevertheless, the defendant violated stop signal and invaded the central line, thereby overtaking the above taxi as it is by negligence prior to the right side of the car in the above spoke site.