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(영문) 부산지방법원동부지원 2020.11.18 2020고단1821
도로교통법위반(음주운전)등
Text

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

1. On August 8, 2013, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on August 16, 2017, from the Busan District Court’s Western Branch, a fine of KRW 3 million for a violation of the Road Traffic Act was imposed, respectively.

On July 2, 2020, the Defendant was punished twice due to drinking, but on July 2, 2020, around 02:15, the Defendant driven a b learning car under the influence of alcohol with approximately 0.087% alcohol concentration in the section of about 30km from the south-gu, Busan to the roads near the urban highway located in the Nam-gu, Busan.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On July 2, 2020, the Defendant driven the said car while under the influence of alcohol as stated in Paragraph 1, and proceeded along the city highway from the wharf to the port side along the urban highway, and went beyond the opposite lane to the opposite lane, and proceeded along the two lanes along the parallel by up to the two-lane road near the Dongcheon-dong, Nam-gu, Busan.

Since the center line is controlled by the central separation zone and the regulatory salary, etc., the driver of the vehicle has a duty of care to ensure that the driver of the vehicle does not enter the opposite direction, and that the steering gear and the brake system should be operated safely by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was bread to the front part of the pertinent car driven by the Defendant by the victim C (Nam, 57 years old) who was operating normally from the port side to the wharf along the two-lanes of Man-dong.

Ultimately, the Defendant’s negligence on the part of the above occupational negligence requires approximately four-day medical treatment to the victim.

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