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(영문) 부산지방법원 2015.09.15 2015고단3370
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2006, the defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act in the Busan District Court on September 19, 2006, a fine of 2.0 million won for the same crime in the same court on July 19, 2007, and a fine of 2 million won for the same crime in the same court on November 5, 2008, respectively, and a person who is engaged in the driving of the C Eccos car.

On May 14, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.154% 0.154% around 23:40 on May 14, 2015, which led to the driving of the said car into the intersection of the original intersection between the three-lanes in front of the 3-lane located in the Agricultural Cooperative of the Busan East-dong, Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to view the front door and accurately manipulate the steering system and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke, and was driven by the victim D (Nam, 42 years of age) who was in the atmosphere of the signal at the front of the mast where he was driven by the victim D (Nam, 42 years of age) and was in need of approximately three weeks of treatment to the said D, and suffered injury to the victim FF (ma, 35 years of age) who was on the stroke, by taking around three weeks of treatment to the said D.

As such, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking or drugs, thereby causing injury to people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each traffic accident of D or F;

1. Each written diagnosis and written estimate;

1. A copy of the master report, and the report on the actual state of the master driver;

1. Investigation report (number 19), traffic accident report (1)

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of judgment attached) Acts and subordinate statutes;

1. As to the criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the aggravated punishment, etc. of the specific crime.

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