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(영문) 부산지방법원 2016.10.28 2016고단4439
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 1, 2008, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court as a crime of violation of the Road Traffic Act. On February 9, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the same crime. On April 10, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Busan District Court for the same crime.

The defendant is a person who is engaged in driving a car in a SP area B.

On July 2, 2016, at around 02:06, the Defendant, without a driver's license, driven a B SP car from the Southern Parking Lot located in Busan-gu, Busan-do to the gate-only road located in Busan-dong, with a level of approximately 2km.

Where goods are damaged by traffic, such as driving of a motor vehicle, the driver of the motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as removing any danger to traffic.

Nevertheless, while the Defendant neglected to drive a car due to influence of drinking, the Defendant, while driving the car, was equipped with the signal apparatus columns of the crosswalk in front of the construction site of the literacy financial complex in front of the construction site of the Seodaemun-gu Busan Metropolitan City, which is located in the direction of the road in front of the road in front of the construction site of the Seodaemun-gu, Busan Metropolitan City, and went away without taking necessary measures, such as immediately stopping the crosswalk signal to the extent of KRW 3 million and removing any danger in traffic, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial report of an employee;

1. Photographs of vehicles;

1. Written estimates;

1. Registers of driver's licenses;

1. Investigation report (No. 9 No. 5 of the evidence list);

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List No. 19);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);

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