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(영문) 창원지방법원 마산지원 2016.02.03 2015고단1013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On December 5, 2011, the Defendant received a fine of KRW 5 million due to a violation of the Road Traffic Act (the crime of drinking around August 21, 201) (the crime of drinking around August 21, 201), etc. at the Changwon District Court Branch Branch Branch, and on May 16, 2014, the Defendant violated the Road Traffic Act (the crime of drinking around February 17, 201), such as receiving a fine of KRW 5 million due to a violation of the Road Traffic Act (the crime of drinking around February 17, 2014) at least twice.

However, on October 28, 2015, the Defendant was negligent in performing the duty of driving a motor vehicle at around 51-60 km in the direction of a white-party driving school in the direction of a two-lane in the direction of a white-party driving school in which the victim C, who is driving in a booming bank, was at the speed of 0.125 % in alcohol during blood, and was at the speed of 830% in Changwon-si, Masan-si, Masan-si, Masan-si, and was at the speed of 500 meters in the middle of the engine (Masan-si), and was at the speed of 51-60 km in the direction of a booming-do driving school in the direction of a noise. While driving a two-lane road at the night, the Defendant was negligent in performing the duty of driving a motor vehicle at the front time, found that the victim C was late and suffered from the back part of the said cargo in front and the victim’s injury (the rear end).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written diagnosis for C;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 subparag. 1, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of duty and negligence due to traffic accidents);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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