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(영문) 창원지방법원밀양지원 2020.11.10 2020고단435

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On August 19, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s Seongbuk Branch on August 19, 2010.

【Criminal Facts】

1. Around 02:20 on September 25, 2020, the Defendant driven a C-learning car under the influence of alcohol concentration of 0.122% on the front of the B-building and under the influence of alcohol concentration of 0.122%.

2. Violation of the Road Traffic Act (Incriminary Measures) (Incriminary Measures) the Defendant operated the above-learning car at the same time and at the same place as that of the preceding paragraph, and led the Defendant to proceed from the D cafeteria.

At the same time, there are nights and other vehicles, so that those engaged in driving duty have a duty of care to prevent accidents by safely driving the front door and the right and the right.

Nevertheless, the Defendant neglected this and did not breath while driving while under the influence of alcohol, and did not breath the front door, and the Defendant’s car driver’s breath, which was the victim F, who was the left-hand side of the driver’s vehicle.

After all, the Defendant, by the above occupational negligence, destroyed the part of the plane screen of the victim, but did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, photographs, reports on the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and circumstantial report on drinking drivers;

1. Criminal records: Criminal records, US records, report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.