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(영문) 부산지방법원 서부지원 2020.06.12 2019고단2852

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On March 28, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch.

【Criminal Facts】

1. On August 26, 2019, the Defendant used a motor bicycle without obtaining a license for the violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license). On August 26, 2019, the Defendant driven a friwing 125C motor bicycle with no numbered in approximately 60 meters from the front of the building Cdong of Busan Building B to the front of the building C via D apartment path, while under the influence of alcohol with a blood alcohol concentration of 0.149%.

Accordingly, the defendant was driving a motor bicycle more than twice without obtaining a motorcycle license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

3. Around 21:40 on the same day as paragraph (1) of this Article, the Defendant driven the two-lanes of the front way of the D apartment commercial building in Busan, Seodong-gu, Busan, on the side of the E Hospital, along the two-lanes of the above motorcycle.

Since there is a crosswalk on which signal lights are installed, the driver has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right of the front, and to drive safely in accordance with the new code.

Nevertheless, when it is caused by negligence in contravention of the drunk signal, the victim F(55 years old) was cut to the front part of the motorcycle in order to cut the crosswalk from the right side of the road to the left side in accordance with the new subparagraph.

Ultimately, the Defendant’s above occupational duties.