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(영문) 창원지방법원 진주지원 2017.06.14 2016고단980
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine of KRW 2,50,000 for a violation of the Road Traffic Act (drinking) in the Changwon District Court's Jinju branch on November 26, 208. On March 18, 2009, the Defendant was sentenced to imprisonment for eight months in the same court due to a violation of the Road Traffic Act (drinking).

On August 19, 2016, around 23:30 of Jinju, the Defendant driven a Dame Kin car owned by C, which is under the influence of alcohol content of approximately 100 meters from a 100-meter section to the roads in front of the Dong-dong, the other party of Jinju City, to the roads in front of the Dong-dong located in Jinju City, with a 0.167% alcohol content.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

On September 26, 2016, the Defendant: (a) around 21:10 on September 26, 2016, the E apartment guard room of Jinju, and (b) around 6:21:10 on September 26, 2016, in the course of moving the victim F ( South, 68 years of age) working outside the guard room to the outside of the guard room, the victim and the victim with the Si guard are faced with the victim’s head from the concrete floor by cutting down the victim’s head above the stairs on the stairs, leaving the victim’s head under the concrete floor; (b) down the victim’s head, which is a dangerous object, around 70cm in length, the victim’s head was unfolded so far, and followed the victim by several times, and caused the victim’s bodily injury, such as moving-out, without any open address, for about 4 weeks of treatment.

Summary of Evidence

"2016 Highest 980"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a report on detection of drivers;

1. Previous convictions: References about criminal history and investigation reports (a summary order, etc.), "2016 Heights 1238";

1. Statement by the defendant in court;

1. Witness F;

1. On-site photographs;

1. A medical certificate;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense, Articles 258-2(1) and 257(1) of the Criminal Act, and Articles 258-2(1) and 257(1) of the Criminal Act, and each of the choice of imprisonment with labor.

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