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(영문) 부산지방법원 동부지원 2016.11.23 2016고단1813
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2016, the Defendant violated the Road Traffic Act (driving a sound driving) is a driver of Category B car driving, and on September 13, 2016, while under the influence of alcohol of 0.154% of the blood alcohol concentration of 01:00, the Defendant driven the said car amount at the 2km section from the front day of the instant drinking house in Busan Shipping Daegu Fridong to the intersection in front of the D restaurant located in C.

2. Around 01:00 on September 13, 2016, the Defendant was driving the said car in the state of alcohol concentration of 0.154%, and the Defendant refused to comply with the drinking control by driving the said car at the intersection in front of the D cafeteria located in Busan Shipping Daegu at the Olympic Intersection (hereinafter referred to as “D cafeteria”) from the Olympic intersection, and runs away at the speed of the speed of speedless non-speed.

At the same time, there is an intersection, and vehicles were stopped in the front of the vehicle in accordance with the signals and signals. Therefore, a person engaged in driving a motor vehicle has a duty of care to not drive a motor vehicle while normal driving is difficult due to influence of drinking, to refuse drinking control without driving the motor vehicle, not to flee, and to accurately manipulate the steering direction and operation devices, and not to see the front of the signal waiting vehicle by accurately manipulating the steering direction and operation devices.

Nevertheless, due to the negligence that the Defendant did not perform the above duty of care to avoid drinking control while driving alcohol, the Defendant took the part of the victim E (the 39-year old-age-old driver)’s front part of the driver’s vehicle in front of the driver’s vehicle, and continued to receive the part of the passenger’s back part of the passenger’s vehicle in G (the 54-year-old driver’s vehicle)’s Haststy-type-type-type taxi in the front part of the driver’s vehicle.

Ultimately, the Defendant is driving the car in a situation where normal driving is difficult due to the influence of drinking, and there is no available room for two weeks for the victim E to receive medical treatment.

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