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(영문) 광주지방법원 목포지원 2016.03.25 2015고단1149
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

【Criminal Records of Crimes】 On April 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s application, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the same court on September 1, 2010.

[Criminal Facts]

1. Around 21:50 on February 3, 2015, the Defendant driven a vehicle under the influence of alcohol by 0.122% of alcohol concentration in the section of approximately 7 km from the 7km from the 3rd side of the Hyundai Choho-gun, Chungcheongnam-si, Seoul, to the Dho-si, Suposi-si.

2. The Defendant is a person who is engaged in driving of a vehicle E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (EM) and the Road Traffic Act (EM).

On February 21, 2015, the Defendant driven the above vehicle under the influence of alcohol content of 0.122% in blood, as stated in paragraph (1) around 21:50, and stopped on the right side of the road at the lower public health clinic at the lower public health clinic at the lower public health clinic at the lower public health clinic at the lower public health clinic, and proceeded behind.

In this case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by operating the steering direction and brakes accurately by taking into account the right and the right and the right.

Nevertheless, the Defendant driven a vehicle while under influence of 0.122% alcohol concentration in blood, and was negligent in failing to live well in the back of the Defendant vehicle while driving the vehicle, and received the front part of the G vehicle driven by the Victim F (47 Doe) who was parked subsequent to the Defendant vehicle.

Ultimately, the Defendant suffered, by such negligence, the victim F and the victim H (n, 34), who is the passenger of the victimized vehicle, an injury to the climatic salt requiring approximately two weeks medical treatment, and at the same time, the cost of repairing the damaged vehicle.

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