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(영문) 부산지방법원 동부지원 2020.06.11 2020고단411
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 June 13, 2001, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s District Court on December 12, 2001. On June 11, 201, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and a violation of the Road Traffic Act at the Busan District Court’s Busan District Court on June 11, 201.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B in the low-speed.

1. On November 14, 2019, the Defendant driven the said car under the influence of alcohol by 0.143% in a section of about 700 meters from the DNA road located in Busan-gun C, Busan-gun, to the Ethical distance.

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

2. On November 14, 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 0.143%, and passed the intersection of the three-distance crossing in front of the Busan plane captain-gun toward the F apartment direction from the direction of the E Apartment.

At the time, there is a night and where the signal is not installed, so in such a case, there was a duty of care to check and proceed with the safety of the vehicle's driver prior to the cross-entry and temporary suspension prior to the cross-section or the passage of the intersection in good condition.

Nevertheless, in order to make a left-hand turn at the front side of the defendant's vehicle due to negligence while under the influence of alcohol, the defendant obtained the front part of the Hkn's right side of the motor vehicle driven by the victim G (the age of 66) who entered the intersection and received the front part of the motor vehicle driven by the defendant and needed approximately two weeks of treatment for the victim.

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