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(영문) 창원지방법원 2020.05.14 2020고단882
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On December 1, 2006, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On September 30, 2013, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act from the Changwon District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving the B-learning passenger car.

On February 28, 2020, the Defendant was under the influence of 0.131% of blood alcohol concentration around 19:40, the Defendant got to proceed in the direction of the Jinchi road in front of D agency in Kimhae-si Kimhae-si, in the direction of the Jinchi road.

At the time, the Defendant had a duty of care to prevent accidents, such as maintaining a safety distance and accurately operating the brake system, since the Defendant was driving the FMW X6 vehicle driven by the victim E (the age of 38). Therefore, the Defendant had a duty of care to prevent accidents and safely drive the brake system by maintaining a safety distance for a person engaged in driving.

Nevertheless, under the influence of alcohol, the Defendant received by negligence in the course of driving a motor vehicle, following the vehicle driven by the said victim, the front part of the motor vehicle driven by the Defendant.

As a result, the above victim suffered injuries, such as salt, tensions, etc., in need of treatment for about 2 weeks, and at the same time, the defendant suffered from the victim G (Y, 73 years old), who was accompanied by the defendant's car, about 4 weeks of treatment.

2. Violation of the Road Traffic Act (driving) driving a B-learning car under the influence of alcohol by 0.131% in the blood alcohol concentration from the road in front of the dwelling of the defendant, who is located at H of the window in Changwon-si, at the time and time set forth in paragraph 1 to the place set forth in paragraph 1.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. A survey report on actual condition, a report on the circumstantial statement of a drinking driver, a report on the control of drinking driving, and a medical certificate;

1. Judgment.

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