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(영문) 창원지방법원 진주지원 2020.03.11 2020고단140
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on March 19, 201.

On July 28, 2019, at around 17:00, the Defendant driven a bschton car with a blood alcohol concentration of 0.069%, and was in the string-dong at the time of Jinju, followed by the Defendant’s driving of Bsch Rexton car, and then proceeded in the direction of Jinyang from the C hotel room according to three lanes.

Therefore, there was a duty of care to drive safely by observing lanes through thorough operation of the front section and the right section and the right section.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol a street, etc., which is installed on the right side of the victim's Jinju City, installed in three-lane delivery, and received as the right side of the Defendant's driver's car.

The Defendant, by its occupational negligence, did not immediately stop and take necessary measures to control the site while destroying the street lamps equivalent to KRW 1,920,000 for repair expenses, and left the site as it is without leaving the said car on three-lanes, and carried out a drunk driving in violation of the provisions on the prohibition of driving under the influence of alcohol provided for in the Road Traffic Act on two or more occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a actual condition investigation report, photographs, and requests;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Previous records of judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records, etc.);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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