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(영문) 창원지방법원 2016.04.21 2016고단184
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. The Defendant is a person who drives DNA rocketing vehicles in violation of the Road Traffic Act (after the accident).

On January 14, 2016, the Defendant driven the above vehicle at around 01:50, and proceeded with the two-lane road in front of the F charging station in the Gu E in Changwon-si, Changwon-si.

At the same time, G is running on the first lane of the front line, and thus, the driver of the motor vehicle had a duty of care to prevent accidents by safely driving the front line and the left and the right.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded as it is, by negligence, received the front part of the left-hand part of the said rocketing vehicle with the left-hand part of the said rocketing vehicle, and received the back part of the right-hand part of the said rocketing vehicle.

Defendant 1 did not take measures such as immediately stopping and checking damage, even though the property was damaged to cover approximately KRW 177,320, such as the compact spump spump spump exchange, by making the said sphere vehicles with the above occupational negligence.

2. The Defendant, at the above date and place, driven a Drocketing vehicle at approximately 3 km while under the influence of alcohol 0.21% while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of the written estimate for repair costs;

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)1, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)1, and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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