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(영문) 부산지방법원 2018.09.19 2018고단2698

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Jeonju District Court on the grounds of a violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime on May 30, 201 at the Jeonju District Court’s Military Accounting Branch.

2. Criminal facts;

A. On June 2, 2018, the Defendant, while under the influence of alcohol at around 23:12, the Defendant driven B-house with a alcohol level of at least 0.174% among blood, and driven a vehicle at around 50 meters from the roads in front of the restaurant “SPPS” restaurant located in the Dong-gu, Busan, F-gu, and driven a vehicle at around 0.174%.

B. On July 13, 2018, the Defendant: (a) while under the influence of alcohol at around 08:35 on July 13, 2018, 2018, while driving a alcohol vehicle B while driving at around 0.212% of alcohol level; and (b) driving a vehicle in front of the southsan Elementary School located in the Namsan-dong in Busan Sinsan-gu, Busan, into the south west-do from the westwest-dong; (c) due to the negligence of neglecting the front city, the previous vehicle driven by the victim C (n, 32 years of age) (SM) (n, 32 years of age), was found to temporarily stop the vehicle before the front at the crosswalk; (d) the victim’s rear part of the passenger vehicle with the front part of the Defendant’s vehicle, caused the victim’s injury by shocking the vehicle, e.g., the victim’s vehicle to undergo approximately 2 weeks medical treatment.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) A statement of the occurrence of a traffic accident C;

(c) Statement of the circumstances of the driver at each main driver and report on the detection of the driver at each main driver;

(d) The response to the request for appraisal;

(e) A copy of a medical certificate;

(f) A traffic accident report;

(g) Each photograph;

2. The records of the offense;

(a) a response to inquiries;

B. Application of a copy of each summary order

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Driving of each drinking alcohol: Article 148-2 (1) 1 of the Road Traffic Act (or imprisonment with prison labor);

B. Occupational and dental occupation: Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act.