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(영문) 창원지방법원 2013.05.28 2013고단15
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2008, the Defendant received a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 3 million won or more as a fine in the same court on June 22, 2009, respectively, from the Changwon District Court.

The Defendant is a holder of a B Carren car, who is engaged in driving service of the said car.

On November 21, 2012, the Defendant, while under the influence of alcohol at 0.180% of the blood alcohol concentration at 0.180% on November 21, 2012, proceeded with the roads in front of the agricultural cooperative, the head of the Sinhae-si, Kim Jong-si from the new scarg.

Since there is a place where a signal, etc. is installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely by checking the front side and the left side.

Nevertheless, the Defendant neglected this and proceeded as it was, and the part of the victim C (Nam, 21 years old) who was in the atmosphere of the signal signal in front of the direction of the proceeding was able to receive the part of the Defendant’s passenger vehicle behind the passenger vehicle.

After all, the Defendant destroyed the above K5 car with the repair cost equivalent to KRW 627,910, such as a spread due to the above occupational negligence, and operated the said car without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A fact-finding survey report and a report on detection of a host driver;

1. Receipts and mandatory insurance policies;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of judgment, etc. attached)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of causing property damage by occupational negligence, the choice of imprisonment without prison labor), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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