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(영문) 창원지방법원 2017.08.17 2016고단4383

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 5, 2016, the Defendant was driving a C Spo-type car under the influence of alcohol concentration of about 0.083% at the 2km section from the front Do of the Am apartment to the road located in the same Gu Do road in front of the Do Do Do Do Gyeong-dong at the window of the Changwon-si around 07:20 on October 5, 2016.

2. On the date and time set forth in paragraph 1, the Defendant was demanded to leave the vehicle from the police officers dispatched after receiving a report from the Defendant that the Defendant was diving on the road in front of the Do Office south-do, and the vehicle in the Swipo-si.

However, while the Defendant failed to comply with it, and was parked at approximately 200 meters of a bus waiting for signal at the front, the Defendant stopped the front of the vehicle in the front of the Spath. However, even though the Do patrol, which was driven by the Defendant, obstructed the front of the vehicle in the Spath, due to the negligence of neglecting the duty of care as a driver, and thereby damaging the 64,266 won prior to the front of the Spath, with the part of the vehicle in front of the Spath as a driver, so that the 64,266 won of the patrol vehicle can be seen as the repair cost, such as the exchange of the front spath, without immediately stopping the vehicle.

Summary of Evidence

The application of each statute to the defendant's legal statement (part) witness E of the police's statement report on the situation of the driver's in charge of the police's statement report on the witness E, the specifications of the car inspection and maintenance;

1. Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Articles 148 and 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016);

2. Selection of penalty penalty:

3. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravation of Concurrent Crimes is not high, and the degree of the patrol is minor, and the vehicle of the defendant is less favorable, such as that the vehicle of the defendant is covered by a comprehensive insurance.