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(영문) 부산지방법원 2013.09.24 2013고단3448

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a leisure car.

On May 28, 2013, at around 00:26, the Defendant driven the said car while under the influence of alcohol of 0.107% of blood alcohol level, and led the Defendant to drive the said car at an insular speed from the lower side of the road to the lower side of the road, the intersection in front of the creative well-hand and the water located at the lower side of the city of Busan.

Since there was a cross-section where signal lights are installed, there was a duty of care to reduce speed and drive safely in accordance with good faith for those engaged in driving service.

Nevertheless, while under the influence of alcohol, the Defendant neglected to change the vehicle progress signal to a stop signal, while driving the vehicle on the front part of the said vehicle, the Defendant took the front part of the victim D(55) driven by the victim D(55) who was under way by normal signal from the left side of the running direction of the said vehicle to the right side of the Eststuna taxi driven by the victim D(55) who was under way according to the normal signal from the left side of the running direction of the said vehicle, and due to its shock, the said rocketing taxi gets the front part of the Victim F(46) driven by the victim F(46 years old) who was under way at the opposite to the front part of the said vehicle.

The Defendant, by such occupational negligence, suffered salt, tension, etc. from each of the victims for about three weeks in need of medical treatment.

2. Violation of the Road Traffic Act (Am-driving) was driven by the Defendant at a level of about 3 km from the date and time set forth in the preceding paragraph to the roads in front of the cross-deflation in Busan Gangseo-gu, Busan, to the roads in front of the water surface located at the lower end of the port of Gangseo-gu, Busan, while under the influence of alcohol of about 0.107% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each statement of D and F;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each relevant Article of the Act concerning criminal facts;