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(영문) 부산지방법원 동부지원 2013.07.03 2013고단1464
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 7, 2009, the defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act at the Busan District Court on May 27, 2009, a fine of 3 million won as a crime of violation of the Road Traffic Act (driving without a license) and a crime of violation of the Road Traffic Act (driving without a license) at the Busan District Court on May 27, 2009, and on September 7, 2009, to the same crime at the Busan District Court on September 7, 2009, 4 months of imprisonment and 2 years of suspended execution, respectively. On January 9, 2013, the defendant was sentenced to imprisonment with prison labor for the same crime

Criminal facts

The defendant is a person who is engaged in driving a Bchip car.

1. On March 21, 2013, the Defendant driven the said vehicle under the influence of alcohol content of about 0.215% from the 3km section from the 3km section to the 2nd apartment entrance road located in the transportation Daegu East-dong of Busan, Suwon-gu, Busan, the Defendant driven the said vehicle under the influence of alcohol content of about 0.215%.

Accordingly, the Defendant, even though he had a driving force twice or more, was driving a motor vehicle under the influence of alcohol again.

2. Around 23:45 on March 21, 2013, the Defendant was under the influence of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) at a speed of 7-80 km from the luminous bank to the ebbbbbane 2 tunnel in Busan Shipping Daegu Do, under the influence of alcohol concentration of 0.215%.

At the time, since it is night and is a motorway, there is a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the motor vehicle, a person engaged in driving of the motor vehicle has a duty of care.

Nevertheless, the defendant neglected to do so, and thereby, the victim C(39 years of age) driving on the right side of the same direction due to negligence in the course of driving a motor vehicle while under the influence of alcohol.

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