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(영문) 부산지방법원 2013.09.27 2012고합873
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on September 8, 2008, and was sentenced to a fine of one million won for the same crime in the same court on December 20, 2010.

【Criminal Facts】

1. Around 01:55 on July 18, 2012, the Defendant driven a motorcycle at a distance of about 1km from the front day of the Handong-dong, Busan, to the front day of the same road as that of the Jeonpo-dong, Busan, under the influence of alcohol level of 0.06%.

2. On July 18, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol at 0.06% of blood alcohol level on July 18, 2012, the Defendant driven the above motorcycle and proceeded at a speed of about 60 km in the speed of speed in the direction of transmitting an intersection from the same Han apartment room in accordance with the four-lane in front of the Sampo-gu Busan Metropolitan City, Busan Metropolitan City, the Defendant, as a driver, has a duty of care to prevent accidents in advance by safely driving it, such as provokinging on the front side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, who neglected to do so, found the victim B (ma, 57 years old) who was standing on the road due to negligence, late and fested the victim B (ma, 57 years old). However, the Defendant was not faced, but was faced with the victim with the motor bicycle driver part of

As a result, the defendant suffered injury to the victim, such as the separation of the back-to-face dives from the left-hand dives that require treatment for about three months.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Photographs related to traffic accident;

1. A medical certificate (B);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning resident inquiry and criminal records;

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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