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(영문) 창원지방법원 진주지원 2012.10.26 2012고합110
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 8, 2008, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on August 8, 2008; on November 26, 2008, the same court was issued a summary order of KRW 3 million with the same crime, etc. on November 26, 2008; on April 22, 2009, the court was sentenced to imprisonment for the same crime, etc. on April 19, 2009, and the judgment became final and conclusive on June 19, 2009; on May 25, 2011, the same court was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on November 24, 2011.

1. On July 6, 2012, around 13:25, the Defendant driven a knife vehicle with a blood alcohol content of at least 0.163% while under the influence of alcohol at a section of about 20km of 0.163% in front of the Sincheon-si market of Sacheon-si, Sacheon-si, Sacheon-si, Seoul.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a C low-priced passenger vehicle.

On July 6, 2012, the Defendant driven the above vehicle on July 13:25, 2012, and led to the left turn to the right at the direction of the parallel of the gold dong-dong, Sincheon-gu, Sincheon-do from the west-dong side of the Gu.

At all times, the driver of a motor vehicle has a duty of care not only to follow the signals but also to not drive the motor vehicle under the influence of alcohol through a private street intersection where traffic is controlled by signal apparatus.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in making a left-hand turn in violation of the signal while under the influence of alcohol content of 0.163%, and received the part of the victim D (V, 40 years old) driving in the direction of a set-off in the direction of a set-off from the shooting distance of the sea-going network to the left-hand side of the vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as catitiss, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer 1.

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