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(영문) 부산지방법원 동부지원 2020.06.24 2020고단293

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

On December 14, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on June 15, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime at the Busan District Court’s Dong Branch Branch.

The defendant is a person who is engaged in driving a MF6 car.

1. Around 04:25 on January 5, 2020, the Defendant driven the said vehicle while under the influence of alcohol of about 0.146% in a section of about 300 meters from the front of the “D” main point located in Busan Shipping Daegu C to the front road of the same Gu E.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On January 5, 2020, the Defendant, as described in paragraph 1, driven a SM6 car while under the influence of alcohol on January 5, 2020, and led the front road of Busan Shipping Daegu E in the direction of G hotel in the direction of Fcondo.

At night, in such a case, the driver had a duty of care to live well in the front and the left, and to operate the steering and the steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, got a streetlight installed on the right side of the road as the front part of the said car by negligence while neglecting it, and the car driven by the Defendant due to its shock was restored to one road.

As a result, the Defendant, by negligence on duty, destroyed the street lamps on the market price without any necessary measures to stop immediately, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances, site photographs, etc. of the host driver);

1. Previouss before judgment: Criminal history records;

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