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(영문) 부산지방법원 2020.04.08 2020고단296
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

On September 4, 2018, the defendant was issued a summary order of KRW 5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

1. On December 25, 2019, the Defendant was in violation of the Road Traffic Act and the Road Traffic Act (driving without a license) and the Defendant driven a Cmath car under the influence of alcohol of about 0.084% without obtaining a driver’s license from the south intersection located in the Busan East-gu, Busan to the front road of the Busan East-gu, and without obtaining a driver’s license from around 1km to around 2, 2019.

2. On December 25, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol level of 0.084% without obtaining a driver’s license as above, and driven the said vehicle at a speed that would not be known to D on the backside of the area south of Busan East-gu.

At the time, the Defendant was at night and the Defendant was on a narrow side road, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by safely driving the motor vehicle, such as a person engaged in driving the motor vehicle, a person living in the vicinity, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, under the influence of alcohol without a driver’s license, neglected to live well in the vicinity and failed to do so, was placed on the left-hand side of the proceeding direction by the negligence that the Defendant opened a locking door to board the victim E (the age of 44) in order to board the vehicle. The Defendant received the top-hand part of the Poter II vehicle as the front-hand part of the Maz car.

Ultimately, the Defendant suffered injury to the victim, such as salt control, tension, etc., for about two weeks in need of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Investigation Report E.

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