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(영문) 창원지방법원 거창지원 2019.02.13 2018고단273
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On February 29, 2008, the Defendant was notified of a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 29, 2008. On April 29, 2011, the Defendant was notified of a fine of KRW 3 million for the same crime in the same court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a rocketing siren car.

On September 15, 2018, the Defendant driven the above car at around 00:14, and led D's intersection in the Gyeong-gun, Changnam-gun to the front of the D's intersection in the Gyeong-dong, Chang-dong, Chang-dong.

At the time, there was a night and non-working, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving service, to properly look at the right and the right, and to prevent the accident in advance by operating the steering gear and the brakes accurately.

Nevertheless, the defendant did not discover the victim E (the age of 54) who is on the right side of the defendant's proceeding due to negligence while under the influence of alcohol and did not discover the victim E (the age of 54) and received it from the right side of the defendant's car.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., to the victim by negligence in the course of business as above, which requires approximately two weeks of treatment.

2. On September 15, 2018, the Defendant violated Article 44(1) of the Road Traffic Act and the Road Traffic Act (driving without a license) at least twice. On September 15, 2018, the Defendant driven Brocketing car under the influence of alcohol with approximately 2km alcohol concentration of 0.135% without obtaining a driver’s license from G front of the G in the Gyeongnam-gun, Chungcheongnam-gun, Seoul, to the location of traffic accidents like the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, traffic accident scene records and photographs, vehicle driver's license registers, vehicle vehicle records, and vehicle records;

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