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(영문) 창원지방법원 2018.07.11 2018고단1332
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Records] The case: the Busan District Court's decision on June 15, 2016 on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of Road Traffic Act (Drinking Vehicle): Imprisonment with prison labor for October 10 months/ suspended execution for two years: the judgment on June 23, 2016 / [criminal facts]

1. On April 20, 2018, the Defendant: (a) was under the influence of alcohol of 0.114% while driving a motor vehicle without a driver’s license; (b) from the front of a public parking lot located in Daegu Siro-si around 03:15 on April 20, 2018, the Defendant driven BK5 motor vehicle at a section of about 84 km on the central highway located in the front side of the Daegu Sinsi-si, Kimhae-si until 12.8km in front of the road.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving B K5 cars.

On April 20, 2018, the Defendant driven the said BK5 car with alcohol content of 0.114% while under the influence of alcohol without obtaining a driver's license on April 20, 2018, and driven the said BK5 car at the speed of 0.114% on the side of the city of Gyeongnam-si, Kimnam-si, along the two-lane road running ahead of the two-lane road from the upper IC to the 12.8km off of the central highway in the border of Gyeongnam-si, Gyeongnam-si, the Defendant driven the two-lane road from the upper IC to the direction of the victim C ( South, 31 years old).

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as maintaining the safety distance with the motor vehicle in front and driving the motor vehicle in advance.

Nevertheless, under the influence of alcohol, the Defendant was driving as it is while neglecting to do so, and the part behind the vehicle of the above mother was followed by the vehicle of the above K5 driver’s length.

The Defendant’s negligence caused the injury to the victim C, who is the driver of the car at the above mother by occupational negligence, such as salt, tensions, etc., requiring treatment for a period of one day.

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