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창원지방법원 2018.10.05 2018고단2024

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.


Criminal facts

On May 16, 2018, the Defendant, as a person engaging in driving of B-bow freight vehicles, driven the above cargo vehicles under the influence of alcohol level of 0.142% in blood on May 16, 2018, while driving the above cargo vehicles at around 0.142% in Kim Sea C, and driven the above cargo vehicle at the speed of about 50 km from the edge of the office to the parallel of South Sea Highway.

At this time, there was a narrow side of the width, and at night, there was a duty of care to operate safely by thoroughly operating the dong and steering gear in the front time and accurately.

However, under the influence of alcohol, the Defendant was negligent in driving the cargo while driving the cargo as it is, by negligence, who got off the cargo vehicle of the Defendant, from the right side of the cargo vehicle of the Defendant and got off the left side of the victim E (53 ) who was walking along the road edge, to the right side of the cargo vehicle of the Defendant.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol or drugs that it is difficult for the Defendant to drive the motor vehicle in a normal condition, and suffered from the victim's satisfy satum in need of three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a general medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is that the Defendant, as the first offender, has a deep depth and reflects his mistake, and that the Defendant has agreed with the victim. In addition, the motive, means and consequence of each of the crimes of this case, and the circumstances after the commission of each of the crimes.