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(영문) 창원지방법원 진주지원 2019.05.29 2019고단300
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 February 22, 2012, the Defendant issued a summary order of KRW 1.5 million to a Jeju District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 2.5 million to a fine in the same court on February 25, 2016, respectively.

【Criminal Facts】

1. A person who is engaged in driving a Bco-sports vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On February 10, 2019, the Defendant, at around 17:10, driven the said vehicle from the east of the 3th national highways of Gyeongnam-gun, Gyeongnam-gun, in a situation where normal operation is difficult due to the alcohol of 0.17% of blood alcohol concentration, and thus, it was difficult for the Defendant to drive the said vehicle.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly operating the front, rear, left, and left, and safely operating the motor vehicle by accurately manipulating the steering system, etc.

Nevertheless, the defendant neglected to do so due to negligence while under the influence of alcohol, led to the Fchip's car volume driven by the victim E (the age of 34).

As a result, the Defendant driven the above co-sports vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the victim E and the driver G (the age of 37) of the franchisor G (the age of 37) for about two weeks, respectively.

2. Around 17:10 on February 10, 2019, the Defendant driving a B co-sports vehicle while under the influence of alcohol content of approximately 0.117% at the 1km section from the Southern Sea-gun to the front roads of the same military of the same military of approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, each traffic accident report, and on-site photographs;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. A previous conviction in judgment:

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