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(영문) 창원지방법원밀양지원 2020.11.24 2020고단439
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 4, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 4, 201.

【Criminal Facts】

The defendant is a person who is engaged in driving a K5-car.

On August 14, 2020, the Defendant, while under the influence of alcohol of 00:04, the blood alcohol concentration of 0.071%, was driven by the said vehicle and continued to drive the said vehicle on the road near the Gyeongnam-gun, Gyeongnam-gun to the d market sloped from the Hesan-ri Seaside.

In such cases, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by driving the steering well in a clear mind, operating the steering gear and the steering gear accurately, and driving the motor vehicle on the right side of the road without exceeding the central line and driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant is negligent in driving beyond the center line while it is difficult for him to drive normally, and is normally proceeding in marine.

The front part of the Fone Star, which was driven by the victim E (Nam, 61) who was stopped, was the front part of the said K5 vehicle, and the said victim continued to run the said K5 vehicle on the road by getting off from the vehicle and moving off the vehicle to the front part of the said K5 vehicle.

As a result, the Defendant, while driving a car in a situation where normal driving is difficult due to the influence of alcohol, sustained by negligence in the course of business to the victim an injury such as hand, hand, and open wound of about three weeks of medical treatment, and driven a vehicle under the influence of alcohol at least twice.

Summary of Evidence

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

1. The actual condition survey report, field photograph, report on the occurrence of traffic accidents, inquiry into the results of the crackdown on drinking driving, notification of the results of the crackdown on drinking driving, and the statement in the circumstances of drinking drivers;

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