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(영문) 부산지방법원 동부지원 2016.11.10 2016고단1809
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 20, 2016, the Defendant was under the influence of alcohol at a level of 0.195% from the 09:14% alcohol level to the intersection of the Busan Gyeong-dong, Busan Gyeong-dong, to the intersection of the same 300 meters high school.

2. On August 20, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.195% as set forth in the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) around 09:14, the Defendant driven the above vehicle at a speed of about 40km per hour from the 4-lane to the intersection in front of the Busan Shipping Daegu High School at the Maritime Culture Center to the intersection in front of the Busan Shipping Daegu High School.

At the same time, there was an intersection, and vehicles are under the stop at the front of the vehicle in accordance with the signals, so there was a duty of care to refrain from driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, as well as from driving a motor vehicle in a situation where a person engaged in driving a motor vehicle has a duty of care to accurately manipulate the steering direction and brake system and not to see the front of the signal atmosphere.

The Defendant was negligent in failing to perform the above duty of care in the state of drinking, and the Defendant continued to take the front part of the victim C (the 41-year old-old-age-old-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age

Ultimately, the defendant is driving the car in such a situation that it is difficult to drive the car normally due to the influence of drinking, and the victim I was on board the victim C and the above C driving vehicle.

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