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(영문) 창원지방법원 마산지원 2017.02.07 2016고단1375

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On January 7, 201, the Defendant is a person who has received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Changwon District Court on January 7, 201, and a person who has received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Changwon District Court on June 8, 201 and reaches twice the history of punishment for drinking.

On November 26, 2016, the Defendant driven B Q3 automobiles with approximately 500 meters alcohol concentration at approximately 0.162% while under the influence of alcohol in the middle of a large forest church located in the same Eup/Myeon from the parking lot of the indoor sports hall to the roads in front of the same Eup/Myeon located in the same Eup/Myeon, located in the city of Changwon-si, Changwon-si, Seoul, and in the middle of a large forest church located in the same Eup/Myeon.

2. The Defendant is a person engaging in driving service of B Q3 automobiles.

The Defendant, while under the influence of alcohol concentration of 0.162% in blood at the time of the day referred to in paragraph (1), driven the said car and driven the road of three lanes in front of the Seojin Apartment apartment located in the corner of the Eup in Changwon-si, Changwon-si, the Changwon-si, and driven at the speed of about 30 km per hour along three lanes from the upper corner distance.

At the time, the police officer was in charge of drinking control at the front direction of the defendant, and the victim DaM5 passenger cars in the latter two-lanes, so the driver of the vehicle had a duty of care to look at the front and rear side and right side while driving the vehicle well, to accurately operate the steering gear and to safely drive the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, did not see the rear side to avoid the crackdown on drinking, and was negligent in passing the rear side to the second two-lanes in order to avoid the crackdown, and received the front part of the said SM5 car running the said two-lanes by Defendant Q 3’s lower part of Q3 car.

Ultimately, the Defendant’s above negligence in the course of business and caused the above SM5 car to be repaired by exchanging the front driver, etc. approximately 1,539.