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(영문) 창원지방법원 마산지원 2018.06.22 2018고단384
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 8, 2013, the Defendant was issued a summary order of KRW 5 million from the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving), and KRW 4 million from the Changwon District Court Msan Branch on October 10, 2016 to a fine of KRW 1 million for the same crime.

1. The Defendant is a person who is engaged in driving a DPoter II cargo vehicle.

On March 14, 2018, the Defendant driven the said cargo vehicle under the influence of alcohol content of 0.145% among blood transfusions, and was in the sea tourism route in the Chang-si, Yansan-gu, Chang-si, Chang-si, Chang-si, Yansan-si, Yan-si, and brought the front road of the valley sports ground into new village from the Yan-gu, Chang-gu, Yan-si, Yan-si, the Defendant, under the influence of alcohol, brought the instant dump on the left left side of the victim E driver’s Fump truck, which was fumped in the opposite direction due to occupational negligence fumping the central line, was shocked by the driver’

Ultimately, the Defendant did not immediately stop the said dump truck with the above occupational negligence and did not take necessary measures, even though the Defendant destroyed the repair cost of KRW 3,672,90, such as the exchange of dump trucks, etc.

2. Although Defendant 1 had been punished twice or more due to driving under the influence of alcohol as above, Defendant 2 once again driven the above 30km of the above Poter II cargo vehicle from the LH apartment parking lot located in Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Masan, in a state of under the influence of alcohol content 0.145% at around 08:25 on March 14, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A traffic accident report and an accident-related photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Each investigation report and estimate;

1. Inquiry about criminal history and application of summary order statutes;

1. The Road Traffic Act applicable to criminal facts;

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