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(영문) 부산지방법원 동부지원 2020.04.02 2019고단2432
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 17, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Busan District Court’s branch court’s branch court.

【Criminal Facts】

The Defendant is a person engaging in driving a car B.

1. On November 7, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.186% on blood on November 7, 2019, and led the Defendant to drive the said car on a two-lane distance from the intersection of the tunnel, following the Busan-gun C Apartment, Busan-gun, and then proceed to the two-lane from the intersection of the tunnel.

In this case, there was a duty of care to prevent accidents in advance by safely driving motor vehicles, such as reducing speed, saving the right and the left, accurately operating the steering and brake system, etc.

Nevertheless, the Defendant neglected this and neglected to stop in the front direction of the Defendant’s driving car, which was the back end of the Ethmp car of the victim D(27 years old) who was standing in the front direction of the Defendant’s driving car.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of treatment for about five days by occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven a B LV car from the front of the Central Park in front of the Busan Metropolitan City’s Articles of Incorporation to the road after about 2 km from the road to the road while under the influence of alcohol by 0.186% of the blood alcohol concentration at the time and time specified in the above paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A criminal investigation report (referring to submission of a victim's diagnosis report);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Criminal facts;

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