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(영문) 부산지방법원 2013.06.26 2012고단10678
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On June 16, 2008, the Defendant is a person who was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Busan District Court on September 23, 2009, a fine of 1.5 million won by the same court on September 23, 2009 and has violated Article 44(1) of the Road Traffic Act on at least two occasions, and is engaged in the operation of B Kanche vehicle.

1. At around 22:10 on November 30, 2012, the Defendant driven the above knife vehicle over a 1km section at the front of a restaurant located in the trade unclaimed in Busan Seo-dong, Seo-gu, Busan, from the front of the GSS station located in the GS station located in Seo-gu, Busan, Busan, the Defendant driven the above knife vehicle at the front of a restaurant with a 0.150% alcohol concentration.

2. The Defendant driven a vehicle above the temporary border like Paragraph 1, and led to the right-way of the GS station located in the Yacheon-dong, Seocheon-gu, Busan, to the right-hand speed from the west-dong, Yacheon-dong, Yacheon-do to the west-dong, Yacheon-dong, Yacheon-dong

In such cases, the defendant has a duty of care to check the safety of the course by checking well the right of way prior to the right of way and to make a right of way.

Nevertheless, under the influence of alcohol, the part of the front part of the DNA car driven by the victim C (Nam, 27 years old) who was in the atmosphere of the signal to turn to the left at the end of the road due to occupational negligence that entered the left part of the center line of the road while by neglecting it, was shocked into the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1) and proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Criminal Act.

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