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(영문) 부산지방법원 동부지원 2018.04.12 2017고단2653
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 200, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by having been sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Busan District Court on May 12, 200, a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking) in the same court on January 25, 2005, and a fine of KRW 7 million by the same court on January 25, 2013.

On September 11, 2017, the Defendant driven a CMW car with a alcohol level of 0.220% during alcohol level around 22:45, while driving the CMW car at around 0.220% and driving the 1.6km from the TM TM distance to the front of the BM Dorara, the Defendant, while under the influence of alcohol, went away without taking necessary measures, such as aiding the victim D (n, 30 years old) who dried the crosswalk from the right side of the Defendant’s running due to the occupational negligence, disregarding the change of the vehicle’s moving signal to the stop signal under the influence of alcohol to the left-hand pedestrian, and without taking necessary measures, such as providing rescue to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A criminal investigation report (in response to the results of appraisal on blood collection between countries and fisheries);

1. Statement made by the police with regard to victims D;

1. A certificate of medical treatment;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (former and confirmation), summary order, application of Acts and subordinate statutes;

1. The driving of a motor vehicle under the influence of alcohol not less than twice on the basis of the relevant legal provisions and the choice of punishment: The driving of a motor vehicle under the influence of alcohol at least twice: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act in the course of performing duties and causing bodily injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the sentencing criteria are set.]

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