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(영문) 전주지방법원 군산지원 2017.05.19 2017고단236

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 30, 2017, the Defendant driven BMW car under the influence of alcohol with approximately 0.157% alcohol concentration from the 20km section to the 500-meter erode erode erode, via the 21th national highway crossing from the 23:25 MM eroculation, which was in the Gunsan Nabbbal movement, to the 21st national highway crossing in the same city.

2. No driver of any motor vehicle, etc. violating the Road Traffic Act shall threaten or endanger any other person, or cause any danger to road traffic by continuously or repeatedly committing any of the prohibited acts referred to in Article 46-2 of the Road Traffic Act, such as the violation of signal or instruction, the median line, speed violation, the crossing, the violation of prohibition against crossing, the maintenance of a safe distance, the violation of prohibition against changing the course, the violation of prohibition against rapid sailing, the violation of prohibition against passing ahead, the occurrence of any noise without justifiable grounds, etc.;

Nevertheless, the Defendant operated the above BMW car at the time of the same day as the statement in paragraph 1 and 21, which is the exclusive road for automobiles in Gunsan, from the 21th national road border road to the airport intersection located in the same city, to approximately 500 meters prior to the direction of non-compliance, the Defendant continued to pass the road along the left-hand side of the road where the central separation is installed (the so-called station driving) on the right-hand side of the road (the so-called road driving) and brought about a threat or danger to many drivers other than the victim D, who is the driver of the C TM car in the normal course of driving on the right-hand side of the road, and caused danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Inquiries about the result of the crackdown on drinking alcohol;

1. A detailed statement of the processing of reported cases;

1. Application of the Acts and subordinate statutes governing black stuffs site photographs;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking) and Article 151-2 of the Traffic Act concerning facts constituting an offense;