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(영문) 광주지방법원 목포지원 2014.02.07 2013고단1567
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

【2013 Highest 1567】 The Defendant’s blood alcohol concentration was 0.086% at the time of committing a violation of the Road Traffic Act in the application of the Gwangju District Court on August 9, 2011.

on June 12, 2012, the blood alcohol concentration at the time of the same crime in the same court was 0.207%.

a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of five million won.

【Criminal Facts】

1. Around October 14:50 on October 8, 2013, the Defendant, while drunkly drinking the blood alcohol content of 0.269% without a car driver’s license, driven a Doless car at the 1km section of approximately 1km from the Do in front of the sex-free apartment located in the Sungan-gun, Gun, and the same Eup/Myeon from the Do in front of the sex-free apartment located in the same Eup/Myeon.

【2013 Height1738】 The Defendant is a person who violated Article 44(1) of the Road Traffic Act at least twice as above.

【Criminal Facts】

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dunst Driving) is a person engaging in driving of a motor vehicle.

On October 21, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.129% of the blood alcohol concentration around 19:10 on October 21, 2013, and continued the two-lane road in the direction from the beginning side to the nanando-U.S.-U.-U.S.-U.S.-U.S.-U.-U.S.-U.-U.S

The location was a straight line with heavy traffic, and traffic control was conducted to extinguish the fire site and to ensure traffic flow in the vicinity of the fire site. In such a case, the Defendant, who is engaged in driving, had a duty of care to take into account the traffic situation of the front-way vehicle, to accurately control the steering gear and the brake system, and to prevent the accident from spreading.

Nevertheless, the defendant is negligent in driving a vehicle in a state of difficult driving under the influence of alcohol.

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