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(영문) 창원지방법원밀양지원 2020.11.10 2020고단438
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 21, 2007, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon Branch on December 4, 2007, and a fine of KRW 8 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Jin Branch on December 4, 2007.

【Criminal Facts】

The defendant is a person who is engaged in driving a cream car.

On July 4, 2020, the Defendant driven the said car under the influence of alcohol with 0.232% of blood alcohol concentration on July 4, 2020, and led to the operation of the said car in the influence of alcohol, which is located in 862 as the center of the determination of Busan Jin-dong in Busan, as the center of the determination of Busan Jin-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and brake system in a clear mind.

Nevertheless, the Defendant, while neglecting this, was negligent in driving in a state where normal driving is difficult due to negligence while driving in a state where normal driving is difficult due to negligence, and was driven by the victim C (ma, 64 years old) who was waiting before the direction of the driving by the victim C (ma, 64 years old), with the part concerning the rear part of the freight vehicle in front of the said vehicle.

After all, the Defendant, while driving a car in a situation where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim E (the age of 63) who was on board with the victim C due to negligence in the course of business, and the victim E (the age of 63) who was on board the damaged vehicle, respectively, for about two weeks of medical treatment, and driven a vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and (2), notification of the results of the crackdown on drinking driving, report on the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), written estimate, and each written diagnosis.

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