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(영문) 창원지방법원거창지원 2020.11.18 2020고단205
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 200,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On September 18, 2017, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on September 18, 2017.

【Criminal Facts】

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B Poter freight.

On September 12, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.150% with a blood alcohol concentration of 0.150% on September 12, 2020, and led to the roads in front of the Gyeongnam Development-gun to proceed from the surface of D village to the flood level.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as checking whether there is a person, etc. on the front side and the right side of the motor vehicle.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was parked on the right side of the vehicle owned by the Victim E in the direction of the proceeding by negligence, and received the front part of the FNAS car in front of the right side of the Defendant’s driving vehicle.

After all, the Defendant damaged the FNAS car owned by the victim due to the above occupational negligence so that it would be an unrepair cost at the market price.

2. The Defendant, as stated in paragraph (1), stopped immediately and escaped without providing personal information to the victim, even though he/she destroyed the victim E-owned vehicle due to a traffic accident, at the time and place specified in paragraph (1).

3. Violation of the Road Traffic Act (driving) provides that the Defendant is under the influence of alcohol who violated the duty of prohibition of driving under the influence of alcohol as above and is under the influence of alcohol with a level of about 2 km from the road in front of the smallest Arabic area of the Defendant in the D Village of the G G in the Gyeongnam-gun, G in the same military, to the day when the Defendant was under the influence of alcohol by 0.150%.

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