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(영문) 부산지방법원 2018.05.28 2018고단1144
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving service of a car BK3 vehicle.

On January 20, 2018, the Defendant driven the said car under the influence of alcohol content of 0.172% during blood transfusions, and led to the driving of D in front of the road located in Busan Dong-gu C into the intersection of evis-sections from the evis-sections to the evis-sections. In such a case, the Defendant had a duty of care to prevent accidents by accurately manipulating the brakes and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant’s vehicle in front of the passenger car, and the central separation zone of 30 meters, which was managed by the Busan Dong-dong Office, located on the above D’s front road, was received as the part of the Defendant’s front vehicle.

Ultimately, even if the repair cost was damaged to the extent equivalent to KRW 3,862,020 by occupational negligence above, the Defendant immediately stopped the said central separation unit and escaped without taking necessary measures for the removal and prevention of danger and injury to traffic.

2. On April 12, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on April 12, 2017. On November 28, 2017, the Defendant filed a petition for a summary order of KRW 3 million with the Busan District Court for a crime of violating the Road Traffic Act (drinking driving), and violated the prohibition of drinking at least twice.

Nevertheless, the Defendant driven the said K3 vehicle under the influence of alcohol with a 0.172% alcohol concentration in blood without obtaining a driver’s license from the vehicle located in the Seocho-dong, Busan-do, Busan-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. The Motor Vehicle Driver's License Register (A).

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