beta
(영문) 부산지방법원동부지원 2020.10.15 2020고단1363

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2018, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and received a summary order of KRW 4 million as a fine for the violation of the Road Traffic Act from the Busan District Court’s subsidiary branch.

Nevertheless, the Defendant was under the influence of alcohol level of 0.085% without obtaining a driver’s license at around 22:30 on May 27, 2020, the Defendant driven a farburged vehicle from the Do in front of the “C” located in Busan Shipping Daegu, to the front of the “E” located in Busan Metropolitan Government Do, Busan Metropolitan area D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving a vehicle with F-to-purd motor vehicles.

On May 27, 2020, the Defendant driven the above car at around 22:30, and proceeded along the three-lane road in front of the “E” located in the Busan metropolitan area D, from the port of the return to the Eup.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to reduce the speed to a person engaged in driving service and drive safely according to the new code.

Nevertheless, the Defendant was under the influence of alcohol and was negligent in proceeding as they were, and the Defendant was able to avoid the sudden detection of the Defendant’s vehicle with H-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered from the victim G and the victim I (the age of 26) and J (the age of 26) who was on board the said car together with the said car due to the foregoing occupational negligence, respectively, the Defendant suffered from the injury, such as salt fats, etc. of a trend requiring two-day medical treatment, and at the same time, the victim’s car is 2,231,000 won.