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(영문) 부산지방법원동부지원 2020.10.08 2020고단1034
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 00:38 on April 18, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.169% at around 00:18,00, the Defendant driven a rocketing car at approximately 100 meters away from the public parking lot B in Suwon-gu, Busan to the same front of C.

2. Around 00:38 April 18, 2020, the Defendant violated the Road Traffic Act (e.g., after-accident), driving the said rocketing car, leading the road in front of the Busan Suwon-ro 36 Suwon Residents' Center to C from the parking lot.

Since the above place was a narrow side of the road, the driver of a vehicle has a duty of care to take care of the operation of the steering side and the steering gear accurately, and to drive the steering side and the steering gear in a safe way. However, as in paragraph (1), the Defendant failed to operate the steering gate while driving under the influence of alcohol content of 0.169% and neglecting the steering gate and steering system accurately, and did not operate the steering gate and steering system accurately, the Defendant’s entrance signboard was damaged to be 250,000 won by shocking the front right side of the above rocketing car of the Defendant, and the repair cost did not take any measures against the danger and obstacle to the road, such as destroying the scattered water, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police interrogation protocol prepared against the accused;

1. A survey report on the actual situation, a report on the occurrence status, and a list of 112 reported cases;

1. Application of Acts and subordinate statutes, such as written statements about the results of the control of drinking driving, written statements about the circumstances of drinking drivers, written estimates, and photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident), and each of them shall be applicable;

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