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(영문) 부산지방법원 동부지원 2018.08.23 2018고단1075
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a Cbea cruise car.

1. On January 8, 2013, the Defendant was issued a summary order of KRW 3 million by the Busan District Court for a violation of the Road Traffic Act (drinking driving), and KRW 6 million by the same court on April 11, 2013 due to a violation of the Road Traffic Act (drinking driving), respectively.

On April 23, 2018, while under the influence of alcohol level of 0.207% from blood level around 23:45, the Defendant driven the said car from around 3.7 km to the 3.7 km from the 6rd side of the apartment to the e-dong Port located in Busan, Suwon-dong, Nam-gu, Busan.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) driven the said car under the influence of alcohol level of 0.207% during the day-to-day alcohol level, such as paragraph (1), and led to the operation of the said car to the yacht field from the 3-distance bank of the Eastcheon-do Dan-dong Do, Busan, Busan, to the yacht field.

At the time, it was night, and there was a rain, and the place is marked with the center line of the yellow-line, so a person engaged in driving a motor vehicle has a duty of care to ensure the safe operation of the motor vehicle by thoroughly operating the steering wheel, operating the steering system and operating the steering system accurately, and operating the wheel safely.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally due to the difficult influence of alcohol, thereby driving along the central line street, and received the front part of the E SP vehicle driven by the victim D (W, 59 years old) driving in the opposite direction, as the front part of the E SP vehicle.

After all, the Defendant had the victim receive approximately 12 weeks of treatment due to such occupational negligence.

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