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(영문) 부산지방법원 서부지원 2019.11.28 2019고단1279

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On December 6, 2006, the defendant was issued a fine of 500,000 won for the crime of violation of the Road Traffic Act at the Busan District Court and a summary order of 2.5 million won for the same crime at the same court on December 13, 2010.

【Criminal Facts】

The Defendant is a person engaged in driving GTS125EVO 124CC.

1. On March 27, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above Obane while under the influence of alcohol level of 0.063% on blood alcohol level on March 27, 2019, and driven the nbridge in Busan Ho-gu Pungdong, Busan, into the nbridge of the Hban elementary school and the third-distance bank from the nbane bank.

As above, the Defendant was negligent in neglecting the influence of alcohol and proceeding to the red signal as is, and received the left turn from the right side of the Dunetna-si operated by the victim C(75 years of age) who had left the left at the right side of the intersection, as the front part of the Ora-si.

Ultimately, the Defendant suffered injury to the victim, such as the elbow blue blue in need of approximately three weeks of treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (Mambling) the Defendant was driving the above amba while under the influence of alcohol at approximately 0.063% of the blood alcohol concentration at the section of about 10km from the parking lot in front of the Busan Jin-gu Busan, Busan, to the Gamba-dong Tamba-dong Tamba-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report, a photograph of a black stuff image and a photograph of the scene of the accident;

1. Investigation reports (Dmarks), reports on the circumstantial statements of the driver concerned, and investigation reports (report on the circumstantial situations of the driver concerned);

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

1. Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and injury caused by occupational negligence, choice of imprisonment without prison labor), and Article 16037 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).