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(영문) 부산지방법원 2020.08.21 2020고단2622

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

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on August 29, 2013, and on April 3, 2012, the Defendant was issued a summary order of 2 million won by the Busan Western District Court on April 3, 2012.

1. Around 02:36 May 30, 2020, the Defendant driven a CMW 530i vehicle under the influence of alcohol with approximately 0.128% alcohol concentration at the section of about 10km from the l0km to the entrance of Busan Jin-gu B apartment.

2. Violation of the Road Traffic Act (CMFW 530 i.e., the Defendant is a person engaged in driving a vehicle.

At around 02:10 on May 30, 2020, the Defendant, at the F point, proceeded with three lanes in front of the E point located in Busan So-gu, Busan at a non-speed speed.

At night, there were nights, and the center line was installed in the center, so there was a duty of care to accurately manipulate the steering gear to prevent accidents and prevent accidents.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear under the influence of alcohol as above, and caused the centralized separation zone installed at the center line of the Defendant’s running direction to the front part of the said car.

Accordingly, even though the Defendant damaged the above central separation zone of KRW 3,465,00 by occupational negligence as above, the Defendant did not immediately stop and take necessary measures to prevent and eliminate traffic hazards and obstacles.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the results of the control of drinking driving, the circumstantial statement of a drinking driver, and written estimate; and

1. Previous records of judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment to the judgment of the same kind and subordinate statutes);

1. Criminal facts;

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