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(영문) 창원지방법원 마산지원 2018.07.11 2018고단570
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 10, 2007, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law in the Changwon District Court’s Tongwon District Court’s territorial branch on August 10, 2007. On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years for August 24, 2014 and the judgment became final and conclusive on October 24, 2015. On September 4, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (drinking) in the Changwon District Court’s territorial branch branch branch on November 23, 2015, and the sentence of the suspended sentence was invalidated on August 13, 2016 during the execution of each of the above sentence, and the period of parole passed on November 3, 2016.

1. On March 21, 2018, the Defendant: (a) driven a CNEW EF rocketing car under the influence of alcohol concentration of about 0.129% at the section of about 2km in the same Gu from the front of a drinking house in which it is impossible to identify the name located in the CNEW EF rocketing-dong, Changwon-si, Changwon-si; (b) around 00:52 on March 21, 2018, the Defendant was under the influence of alcohol concentration of about 0.129% in blood on the road before the Korea Meteorological Administration.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

2. The Defendant is a person engaging in driving a CNEW EF rocketing car.

On March 21, 2018, the Defendant driven the above car at a speed of 00:52, and driven the car at a speed of about 50 km from the right side of the Mat in front of the Mat-gu, Changwon-si, Changwon-si, the Defendant proceeded at a speed of about 50 km in speed from the right side of the monthly square to the right side of the monthly square.

At the time, there is a night and a place where the center line of the yellow-line is installed, so the driver of the motor vehicle has a duty of care to protect the motor vehicle and safely proceed to the right side of the center line.

Nevertheless, the defendant's negligence is against the defendant's direction of proceeding due to the negligence of driving a central line while under the influence of alcohol.

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