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(영문) 부산지방법원서부지원 2020.11.27 2020고단1473
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of 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

The defendant is a person who is engaged in driving a K5-car.

1. On January 23, 2008, the Defendant was issued a summary order of KRW 700,000 by the Busan District Court to a fine for a violation of the Road Traffic Act.

On May 26, 2020, at around 17:46, the Defendant driven the said K5-car under the influence of alcohol level of about 0.104% from the 4km section from the Do in front of the Seo-gu Seoul apartment to the same Do in front of the same Gu Do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Road Traffic Act (unnecessary Measures after Accidents);

A. The victim E driving the above K5 car while under the influence of alcohol level of 0.104% in the temporary border, such as Paragraph 1, and led the road front of Gwon in Busan Western F to the direction of Busan Western Police Station in the direction of Busan Western Police Station.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the name of the person who is engaged in driving.

Nevertheless, the Defendant neglected this and went away without taking measures when a traffic accident occurred, even though the victim E (Nam, 53 years old) who had changed the vehicle from the left side of the moving direction to the right side due to the negligence of the Defendant's failure to do so, received a low-speed car from the victim E (Seoul, 53 years old) to the right side, and thereby damaged the repair cost of KRW 847,768.

B. The victim I Defendant 3-B.

After the receipt of the BMW car as stated in the above paragraph, the defendant is at the rear part of the K5 car due to occupational negligence, such as the above paragraph (a), while coming to the direction of the BMW car and going to the direction of the subsection in the direction of the subsection of the BM car in Busan Seo-gu, Busan, and was stopped before the building, and then the building was stopped in order to secure the space for the bypassing.

The suspended victim I (Nam, 31 years of age) is driving.

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