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(영문) 부산지방법원 서부지원 2020.02.19 2019고단2312
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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 July 26, 2010, the Defendant was punished by a fine of KRW 1 million from the Busan District Court for a violation of the Road Traffic Act (driving). On August 6, 2019, at around 18:11, the Defendant started driving from the roads in front of the city located in Busan Sho-gu, Busan, on August 6, 2019. On around 18:21, the Defendant passed through the front of the E elementary school located in D, and on around 18:23, the Defendant driven a HM520-car while under the influence of alcohol concentration of approximately 0.157% in the front of the G Institute located in D, Busan, 18:23 meters until it reaches the front of the G Institute.

2. On August 6, 2019, at around 18:21, the Defendant suffered injury to the victim I (the age of 38) who was stopping at the front of the E Elementary School located in Busan, the Busan, the U.S. (the age of 38)’s driving car was shocked to the front part of the Defendant’s driving car. After the Defendant parked in front of the G Research Institute located in the Busan, the Busan, which was moved at the victim’s request and talked from the vehicle, while the Defendant parked in front of the G Research Institute located in the F, the Busan, which was moving at the victim’s request, and made a conversation from the vehicle, the Defendant suffered injury by the victim, such as chilling the victim with approximately 20 minutes of the escape, by driving the victim on several occasions and spreading the victim with approximately 20 minutes of the escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Traffic accident report, inspection report on the circumstances of a drinking driver, investigation report, investigation report on a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. A medical certificate;

1. photographs of a vehicle in a place where the accident occurred;

1. An accident-related CD, such as a black box and video;

1. Application of Acts and subordinate statutes to investigation reports and inquiry reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that prescribed for concurrent crimes shall be concurrent crimes, but the lowest sentence shall be the short term of the punishment prescribed for the violation of the Road Traffic Act) shall apply;

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