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(영문) 창원지방법원 거창지원 2016.12.28 2016고단445
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On October 16, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court, and on November 4, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court’s branch, and on July 26, 2016, completed the execution of the sentence at the port prison.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a motor vehicle in Cmea, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act;

On September 28, 2016, the Defendant, while driving the said vehicle under the influence of alcohol by 0.245% without a driver’s license on September 18, 2016, driven the said vehicle at a speed of about 40km in speed from the north of the same west-gun to the north of the same west-gun, Gyeongnam-gun.

There was a duty of care to drive an automobile in compliance with the traffic order, such as not only easy to secure the view of the road on a bend and a bend, but also there was a place where the center line of the yellow-ray is installed, and thus, the driver of the vehicle has a duty of care to drive the vehicle while complying with the traffic order, such as the driver of the vehicle is well sp

Nevertheless, the Defendant neglected to drive a vehicle without a driver’s license while driving the vehicle under the influence of alcohol without a driver’s license, and the part of the part on the left side of the G bargaining car driven by the victim F (F.M., 57 years old) who was driving in the direction opposite to the Defendant’s running direction, was taken into account as the part on the left side of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence on the part of the above business, the injury of the victim F, such as the left-hand spacker salt, etc. which requires a two-day medical treatment, and the injury of the victim H (V, 59 years old) who was accompanied by the damaged vehicle, such as the left-hand spacker and the spacked salt, etc. which require a two-day medical treatment.

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