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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1826

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Changwon District Court on April 27, 2017, has a record of receiving a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving), and a summary order of KRW 2.5 million for the same crime in the same court on July 25, 2019, respectively.

[Criminal facts]

1. On July 17, 2020, the Defendant driven a cargo vehicle, i.e., B, under the influence of alcohol leveling 0.172% in the section of approximately 2.5 meters, from around 3435 string to the road near the 3642 string-water string-down string-down string-on string-on string-on string-on string-on string-on string-on string-on string-on string-on string-on string-on

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant is a person who is engaged in driving a cargo vehicle B as freight B.

On July 17, 2020, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, as set forth in paragraph (1) of around 17:55, while driving it, the Defendant continued to drive the said cargo vehicle in front of the entrance in Sacheon-si C, at the entrance of the D in Sacheon-si, in the direction of the Jincheon-si, from the Jin-si area to the Jin-si area of the E market.

The location is the intersection with signal lights, and the GMW car of the victim F (MMW) driver in the front of the freight vehicle of the defendant driver was a stop for the signal atmosphere. In such a case, there was a duty of care to prevent accidents by accurately operating the steering direction and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to perform the duty of the previous week, and thereby, received the part of the victim’s driver’s vehicle behind the said BMW car as the part of the cargo vehicle in front.

Ultimately, the Defendant’s negligence in performing the above duties, and the victim H (52 years old), and the victim I (the remaining, 22 years old) who took advantage of the victim F and the said BMW car. The Defendant’s salt and tensions that require approximately two weeks of treatment.