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(영문) 부산지방법원서부지원 2020.10.30 2020고단1087
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On March 13, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court’s branch branch branch on March 13, 2015, and on June 28, 2018, the Defendant was sentenced to ten months for a violation of the Game Industry Promotion Act at the Busan District Court’s Busan District Court’s imprisonment on October 11, 2018 and completed the execution of the sentence.

【Criminal Facts】

The Defendant is a person who is engaged in driving a BSPCC car.

1. Around 00:01 on February 29, 2020, the Defendant violated the Road Traffic Act, and the Road Traffic Act: (a) from the public parking lot located in the office of Busan, Seo-gu, Busan, to the day before a restaurant located in the Gu of Busan, Seo-gu, Busan, the Defendant driven the said vehicle with a blood alcohol concentration of about 8km at about 0.208%, and repeated the signal violation on seven occasions and five occasions, while driving the said vehicle under the influence of alcohol concentration of about 0.208%.

As a result, the defendant has violated the prohibition of drunk driving more than twice, and has repeatedly driven the signal violation.

2. Violation of the Road Traffic Act (AFS) by driving the said car at a temporary border such as Paragraph 1, the Defendant was driving the said car in the direction of a multilateral bathing beach in the direction of the Dan-dong.

In such cases, the driver of the vehicle has a duty of care to prevent accidents by driving the vehicle safely according to the signal while driving the vehicle.

Nevertheless, the Defendant neglected to do so, while driving a vehicle while under the influence of alcohol and went away without taking measures at the time of the occurrence of a traffic accident even though the repair cost of KRW 2,92,00 is damaged to the level of repairing cost of KRW 2,92,00 which was driven by the Defendant’s vehicle by negligence in the course of duty.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2) an on-site photograph of the accident site photographer, a report on the circumstantial statements of the driver, and an investigation report on the results of the crackdown on drinking driving, and a sckless driving.

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