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(영문) 부산지방법원 2020.11.09 2020고단1539
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Power】 On May 13, 2008, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

around 15:50 on March 27, 2020, the Defendant driven C-II cargo under the influence of alcohol concentration of 0.144% in the five-meter section inside the public parking lot in the Busan Dong-gu, Busan. The Defendant driven C-II cargo under the influence of alcohol level of 0.14%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On May 1, 2020, the Defendant, while under the influence of alcohol 0.167% of the blood alcohol concentration, driven the above so-called so-called “E” truck, and proceeded to turn to the left from “G Council” on the side of “F” the three-distance intersection in front of the “E” private teaching institute located in Busan East-gu.

At the same time, there is a pedestrian crossing near a three-distance intersection and there is no signal signal signal, so in such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and the driver of the motor vehicle has a duty of care to prevent accidents by temporarily stopping the motor vehicle in front of the crosswalk so as not to obstruct or endanger pedestrians' crossing.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally due to the influence of alcohol such as a red, sliding, and walking without walking, and proceeded to the left without neglecting it. In so doing, the Defendant got the victim H (75 years old) who was standing on the left side of the right side of the Poter cargo at the right side of the Poter and got the victim over the floor.

Accordingly, the defendant is under the influence of alcohol concentration of 0.167%.

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