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(영문) 창원지방법원 2017.03.17 2016고단3531

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On July 26, 2013, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court Branch as a crime of violating the Road Traffic Act (drinking). On April 11, 2016, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the Changwon District Court.

[Criminal facts]

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a car in C SPP.

On September 10, 2016, the Defendant driven the said car under the influence of alcohol level of 0.134% among blood transfusions on September 22:2:21, 2016, and led to a two-lane road near the entrance of the Changwon National Highway No. 25 Line, which is the exclusive road for motor vehicles at Changwon National Highway No. 25 in Changwon National University, along the two-lanes from Sungju-dong to the east-dong.

At the time of night, there was a duty of care to prevent accidents by accurately manipulating the steering right and the steering system of the motor vehicle to the person engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and caused damage to the property equivalent to KRW 5,200,000 of the repair cost, such as the protective wall, by taking the protective wall installed on the right side of the road due to the negligence that the Defendant failed to keep the hand of the cell phone, which was away from the front floor of the steering line, while driving the vehicle.

Ultimately, the Defendant damaged the property by occupational negligence as above.

2. On September 10, 2016, the Defendant driven a C Spart-type car under the influence of alcohol concentration of about 0.134% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front of a movable hospital located in the Chang-si, Seowon-si, Sungwon-si, Sungwon-si to the same city from around 22:21 on September 10, 2016 to the opening of the 25-line road for exclusive use of motor vehicles at Changwon-si, Changwon-si.

Accordingly, the defendant is a person who violates the prohibition on drinking at least twice.