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(영문) 부산지방법원서부지원 2020.10.28 2020고단1666
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 15, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act (Musk-in).

【Criminal Facts】

1. Around 22:30 on June 29, 2020, the Defendant driven a 5-meter amount of the Done Star Sheet, while under the influence of alcohol level of 0.132% on the front of a restaurant located in Busan Seo-gu B, Busan, Done Star Sheet while under the influence of alcohol level of 0.132%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant is a person who is engaged in driving of the Lone Star under the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Defendant, at the time and place specified in the foregoing paragraph (1), was driving the said Lone Star car and went behind for parking.

At the time, there was a night and a rain, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left, and well by a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and stated the purport that this part of the facts charged after the Defendant’s negligence while under the influence of alcohol, as described in the above paragraph (1), is a “G driving motor vehicle” which was parked after the Defendant’s operation. However, the above G was parked, and it appears to be merely an fact that is irrelevant to the elements of crime, and there is no obvious evidence to acknowledge this. Thus, the Defendant’s deletion and correction to recognize the facts charged as above.

The left part of the E-learning car was shocked by the next part of the passenger car.

In the end, the Defendant suffered injury to the victim F (the age of 36) who was on board the top of the operation of the above-learning passenger car due to the above occupational negligence, requiring approximately two weeks of medical treatment.

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