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(영문) 부산지방법원 2021.01.28 2020고단4482

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] On September 26, 2014, the Defendant was issued a summary order of KRW 3 million by the Busan District Court for a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts]

1. On October 7, 2020, the Defendant was under the influence of around 0.090% of alcohol during blood transfusions around 23:08, the Defendant driven a vehicle of approximately 2 km in U.S. Fland S. S. S. F. S. S. S. S. S. S. F. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. P. S. S. S. S. P. S. S. S. S. S. S.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the prohibition of driving a motor vehicle once.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) was driving the above cargo vehicle under the influence of alcohol level of 0.090% during the temporary border, such as paragraph (1) of the above paragraph (1) of the same Article, and driving the back road in front of the house located in the Geum-gu Busan Metropolitan Government G on the H direction in the jurisdiction of the Dapos Park. In so doing, the Defendant left the road without taking necessary measures, such as immediately confirming the situation of damage by driving the damaged vehicle on the right side of the vehicle, which was parked on the right side of the victim I owned by the victim I who was parked on the road due to occupational negligence while under the influence of alcohol, and neglecting the duty of the Dapos Park in the direction of H.

Summary of Evidence

1. A written investigation report concerning the occurrence of a traffic accident in I by the police statement protocol against K in the defendant's legal statement, a written investigation report (report on the actual conditions of the driver in charge) and a yellow survey report;

1. On-site photographs inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of violation on two occasions the regulations prohibiting drinking), Articles 148 and 54(1) of the Road Traffic Act (the duty of violation on two occasions the regulations prohibiting driving under the influence of alcohol) concerning criminal facts;