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(영문) 부산지방법원 2020.05.11 2019고단6314
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

On July 28, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on May 9, 201, the summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on May 9, 201, and on March 14, 2012, the Busan District Court issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on March 14, 201, and on February 3, 2017, the Defendant was sentenced to a suspended sentence of 2 years for 8 months with imprisonment for a violation of the Road Traffic Act (driving) at the Busan District Court on February 3, 2017 and on April 27, 2017.

1. On November 24, 2019, the Defendant driven a vehicle Ei30-car under the influence of alcohol leveling 0.043% of alcohol level around 06:53, the distance of about 5km from the front of the B apartment in Busan Young-gu, Busan to the front of the D principal road in Busan-gu, the Nam-gu, Busan-gu, the Defendant driven a vehicle under the influence of alcohol leveling 0.043%.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car Ei 30 vehicle.

On November 24, 2019, the Defendant driven the said vehicle under the influence of alcohol of 0.043% with a blood alcohol concentration of 0.043% on November 24, 2019, and led to the driving of the said vehicle along the two-lane road in front of the Dridge in Busan Southern-gu, along the direction of the F Hospital.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to check whether a person engaged in driving service is a vehicle driving with the opposite line thoroughly and to check whether there is a vehicle driving with the opposite line and safely proceed.

Nevertheless, the defendant neglected to do so and, under the influence of alcohol, is in the opposite direction to be Mad by the negligence of frighting the central line.

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