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(영문) 부산지방법원동부지원 2020.12.24 2020고단1543
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

[Criminal Power] On October 27, 2008, the Defendant received a summary order of KRW 2,50,000,000 from the Busan District Court's branch court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 17:20 on May 23, 2020, the Defendant driving a motor vehicle without a license in the state of alcohol level of 0.081% under the influence of alcohol level of 0.081% without obtaining a license for a motorcycle driver from the dwelling of the Defendant in Busan-gun, Busan-gun, to the front day of the “D” located in Busan-gun, the captain of the vehicle.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a license for a motorcycle driving.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which is not covered by mandatory insurance;

Nevertheless, the defendant operated a motor vehicle that is not covered by mandatory insurance, such as the statement in Paragraph 1.

3. The Defendant violating the Road Traffic Act is a person engaged in driving service, stopane without a license plate as referred to in paragraph (1).

The Defendant came to turn to the left the front of the “D” as stated in paragraph (1) at the direction of the East-west Atomic Energy Institute from the direction of the Ehigh School.

In such cases, a driver has a duty of care to prevent traffic accidents by accurately operating the steering direction and brakes well, and by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected to make a left-hand turn due to negligence while under the influence of alcohol, and led the victim F (the age of 33) driving G Galburged vehicle to the right-hand part of the vehicle above the operation of the Defendant.

After all, the Defendant damaged the above Aburged vehicle owned by the victim due to the above occupational negligence, which is equivalent to KRW 1,833,036.

Summary of Evidence

1. The defendant;

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