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(영문) 부산지방법원 동부지원 2021.03.11 2020고단2002

도로교통법위반(음주운전)등

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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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act by the Busan District Court.

On July 25, 2020, the Defendant driven a DM3 car under the influence of alcohol content of about 0.112% at a section of approximately 2.5 km from around 17:25 to around 25, 2020 via a luminous-dong road located in the same Gu (UM3 car).

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant is a person engaging in driving service of a DSS3 car.

On July 25, 2020, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 17:25, the Defendant driven the said car along a three-lane road in front of the luminous located in the luminous Zone of Busan Metropolitan City along the intersection from the breadth to the breadth.

Since there is a lot of vehicle traffic volume, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately operating the brake and steering gear with a thorough consideration of the situation of the front and left-hand traffic.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded on the right side of the Defendant’s proceeding, on a two-lane margin.

E, a victim F limited partnership owned by E, shocked into the right-hand side of the said car driven by the Defendant, which is the left-hand side of G rocketing taxi owned by the victim F limited partnership.

Ultimately, the Defendant, by negligence on duty, destroyed the 98,340 won of the repair cost, such as exchange of the left-hand blicks, and escaped without immediately stopping the said taxi and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. The traffic accident report of the document prepared by the police interrogation E in relation to the defendant, (1) and (2).