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(영문) 부산지방법원 동부지원 2018.07.04 2018고단135
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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:40 on December 8, 2017, the Defendant driven a B-hand car under the influence of alcohol content of about 100 meters from a section of approximately 100 meters to a 0.219% alcohol content in the middle of the Gandong apartment.

2. Around December 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) led a two-lane of the four-lane of the four-lane of the length of the master apartment in front of it as a member of the articles of incorporation, located in the articles of incorporation five-lane in the articles of incorporation, Eup of the Busan Metropolitan Government captain-gun, the Busan Metropolitan Government Office’s articles of incorporation, around December 8, 2017.

Since there is a signal signal, the driver has a duty of care to ensure safety distance in advance and accurately operate the steering wheel, brakes, and other devices of the vehicle in a parked vehicle by checking in advance the vehicle in a parked vehicle, and to make a good report on the traffic situation in the front and the driver has a duty of care to prevent the accident from spreading.

Nevertheless, when it is difficult for the Defendant to see on the front side due to drinking, or when the operation time of the steering gear, etc. of the steering gear, etc. is difficult due to his intention, due to negligence, the Defendant finds out the D drive of the victim C (38 S, south) waiting in front of the running direction of the Defendant in the direction of the vehicle in question late, and immediately operated the vehicle, but the Defendant did not avoid the vehicle, and conflict with the back part of the damaged vehicle with the front part of the Defendant vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered the victim’s salt chills, tensions, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a statement on the circumstances of the driver involved in the driving, and a report on the detection of the driver involved in the driving;

1. To inquire into the results of crackdown on driving under drinking;

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