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(영문) 부산지방법원 서부지원 2019.07.11 2018고단2175
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person engaging in driving a B liquid sports cargo vehicle.

On September 14, 2018, the Defendant, while under the influence of alcohol of 0.149% of blood alcohol concentration on September 15:45, 2018, had three-lane roads located in the Busan Gangseo-gu Busan Metropolitan City Msan-dong using three-lanes from the direction of the Green Industry Corporation to about 60km in speed.

At the same time, there was a private street crossing at the front and the D Poter freight driven by C in the front and rear sides, so there was a duty of care to see the front and the safety distance to the person engaged in driving service and to prevent the traffic accident by maintaining and driving the safety distance.

Nevertheless, under the influence of alcohol, the Defendant neglected the front time and found the above cargo vehicle which stops according to the traffic situation due to the negligence of driving without securing the safety distance, and did not avoid it, but received the rear part of the above cargo vehicle loaded in front of the above liquid sports cargo vehicle.

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the above cargo loaded to the extent that the repair cost of KRW 778,776, such as loading a cargo loaded to the rear door, and escaped without stopping the cargo and taking necessary measures.

2. On September 14, 2018, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.149% from the section of about 7km from the front of the F in Busan Gangseo-gu to the shooting distance, located in the Gansan-dong in Busan Gangseo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. C’s statement;

1. Statement on the circumstances of a drinking driver, report on detection of a drinking driver, and inquiry into the results of drinking control;

1. Application of the written estimate statutes;

1. Article 148 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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