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(영문) 부산지방법원 2020.05.22 2020고단212
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 1, 2015, the Defendant issued a summary order of KRW 2 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on November 29, 2018, the same court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 22:05 on November 27, 2019, the Defendant driven the FGTS125S Oral Sea under the influence of alcohol leveling 0.057% of alcohol level from the front road of the “C” located in the Busan Southern-gu, Busan-gu, to the front road of the “E” located in the Busan-gu, Busan-do.

Accordingly, the defendant, who violated the provision of the Road Traffic Act prohibiting driving under the influence of alcohol, was driving under the influence of alcohol again in violation of the provision of the same prohibition.

2. The Defendant is a person who is engaged in driving a FTS125S Oral Seab in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 27, 2019, at around 22:05, the Defendant driven the above Oba while under the influence of alcohol with 0.057% of the blood alcohol concentration, and driven the two-lane road in front of the E-do located in Busan Jin-gu, Busan, along with the G market two-lanes from the NC history distance to the G market.

At the time, the Defendant, prior to the same direction, was followed by the IW 125 Oral Ba, driven by the victim H (35 years of age), and therefore, the Defendant, who is engaged in driving service, must take a well-being of the situation, and secure a safe distance capable of avoiding when the above Oral Ba stops or is accelerated.

Nevertheless, under the influence of alcohol, the Defendant was in front of the Defendant’s Obane part of the upper part of the driver’s license who was bound by the Defendant to make a right-hand by negligence while neglecting this.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., to the victim by negligence in the course of business as above, for about three weeks of medical treatment.

(i) the evidence;

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