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(영문) 부산지방법원 동부지원 2017.08.16 2017고단972
도로교통법위반(사고후미조치)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2001, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Road Traffic Act at the Busan District Court on September 29, 2001; on March 25, 2005, for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act; on February 7, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court's Busan District Court for seven times.

Criminal facts

1. On March 25, 2017, the Defendant, at around 02:30, driven C K7 cars while under the influence of alcohol content 0.159% from the section of approximately 1.5 KK to the road in front of the entrance into the sea side of Busan Shipping Daegu Maritime Transportation, and then driving C K7 cars in the state of under the influence of alcohol content 0.159% in the blood alcohol content from the front of the Lyalian shop located in the same Dong.

2. Around 02:30 on March 25, 2017, the Defendant violated the Road Traffic Act (i.e., an accident) driving the said K7-type car under the influence of alcohol, as described in the foregoing paragraph 1, and driving the said K7-type road on the front side of the E company located in Busan Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do do Do Do Do do Do Do Do at an irregular speed depending on the intersection from the seat of the hotel of Grand City

At the time, there were nights and other vehicles are proceeding on the side, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by changing the vehicle in the situation where it does not interfere with the passage of other vehicles by operating direction, etc. in advance before changing the vehicle vehicle, and properly examining the traffic conditions of the vehicle in order to give notice of and change the vehicle vehicle in advance.

Nevertheless, as described in the above paragraph 1, Defendant 1 did not operate direction instructions, etc. while driving while under the influence of alcohol, but changed the vehicle line to two lanes just without examining the traffic conditions of the two-lanes, and mistakenly changed to the two-lanes, the victim F.(58 Do) who is driving on the two-lanes of the MM5 individual taxi.

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