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(영문) 부산지방법원 2013.05.21 2013고단730

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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. Around 02:45 on January 18, 2013, the Defendant driving a B K5 vehicle under the influence of alcohol level of about 0.085% at a section of about 500 meters prior to the public parking lot located in the same Dong-gu, Busan, through a road in front of the Dong-gu, and again driving a B K5 vehicle in the state of under the influence of alcohol level of about 0.085% in front of the above public parking lot.

2. On January 18, 2013, the Defendant was a person engaging in driving a BK5 car, driving the said car at around 02:45, and driving it on January 18, 2013, into the 2nd public parking lot room of the 2nd public parking lot located in Busan East-dong, Busan-dong, and driving it on the later side of the 2nd public parking lot.

At the time, there was a center line of yellow solid lines, so the driver engaged in driving service has a duty of care to safely drive the car line with the driver's duty of care.

Nevertheless, as in Paragraph 1, the Defendant, while driving in the state of alcohol as it is, was frighting the left-hand line with the operation of a steering gear, frightened by the left-hand line, and shocked the front part of the DSS5 car owned by the victim C, which was parked in the opposite line, and shocked by the shocking of the above SM5 car.

Accordingly, the Defendant, by negligence in the course of performing the above duties, destroyed the above SM5 car amounting to KRW 10,222,43 of the repair cost, and escaped without immediately stopping the previous car and taking necessary measures, such as providing assistance to casualties, even though it damages the previous car amounting to KRW 778,293 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

1. Relevant legal measures concerning criminal facts under Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving) and Articles 148 and 54 (1) of the Road Traffic Act shall be taken after the accident; and