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(영문) 창원지방법원 마산지원 2017.02.07 2016고단1190
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 14, 201, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Changwon District Court on February 14, 201, which was sentenced to a fine of KRW 4 million, KRW 3 million for a crime of violating road traffic laws at the Changwon District Court on February 21, 201, KRW 3 million for a crime of violating road traffic laws, and KRW 5 million for a crime of violating road traffic laws at the Changwon District Court on September 12, 2013. On September 2, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Changwon District Court on September 10, 2016.

[Criminal facts]

1. The defendant has been punished for a violation of the Traffic Act (drinking) on the road and a violation of the Traffic Act (drawing without a license) on the road at least two occasions due to drinking as above.

On September 3, 2016, at around 01:35, the Defendant driven a motor vehicle with the Estyren’s car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.20% from a section of about 500 meters in the same Ri to the front of the road from the yellow singular road located in the Changwon-si, Changwon-si, Seoul Metropolitan City, and in Eup.

2. The Defendant is a person engaged in the operation of the said Erocketing car in violation of the Road Traffic Act (after the accident).

The Defendant, at the time of the day set forth in paragraph 1, was driving the said car, and led the G convenience points located in F in the Changwon-si, Changwon-si, to bypass from the yellow music to the network church about 10km in speed.

At night, at the time, H driver was at night, and at the front of the taxi, the victim Msan taxi company affiliated with H driver was stopped in order to board customers, and thus, there was a duty of care to prevent accidents by safelypassing the front left and the left by the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving while driving the taxi on the right side of the taxi in front of the day and the pentum part of the Defendant’s operation.

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