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(영문) 부산지방법원 2020.10.15 2020고단2781
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B with the highest driver's license in violation of the Road Traffic Act and the Road Traffic Act.

On February 29, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.206% at around 23:21, 2020, and continued D front roads located in Geum-gu, Busan, to a cafeteria at the intersection of the entrance of the E company, from the intersection of the entrance of the E company to the F cafeteria.

At the time, the road was installed at night and at the center, depending on the median line, so in such a case, there was a duty of care to prevent accidents in advance by driving the vehicle in a safe manner, i.e., by driving the vehicle on the front line and by safely driving the vehicle.

Nevertheless, the Defendant, who was under the influence of alcohol and failed to properly operate the steering gear and brakes, shocked the central separation zone installed on the above road at the front part of the car driven by the Defendant.

After all, the Defendant, by the foregoing negligence, destroyed the central separation zone to a sum of KRW 3,376,573, and immediately stopped and escaped without taking necessary measures at the time of the occurrence of the accident.

2. No driver of any motor vehicle, etc. who has violated the Road Traffic Act shall drive a motor vehicle in a manner that threatens or endangers other persons or causes danger to traffic by consecutively committing two or more acts among the acts of violation of signal or direction, median line, speed violation, prohibition of change of course, etc. or by continuously or repeatedly committing one act;

Nevertheless, from February 29, 2020 to February 23:51 of the same day, the Defendant, from around 22:52 on February 29, 2020 to around 23:31 of the same day, caused danger to traffic, such as: (a) a violation of prohibition of career change; (b) a violation of prohibition of Central Line Erosioning and Signal Signalsing; and (c) a violation of traffic accident, such as a traffic accident as described in paragraph (1).

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