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(영문) 부산지방법원 2018.08.22 2018고단1848

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 16, 2006, the Defendant was notified of a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch (Drink). On September 13, 2010, the Defendant was notified of a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's Busan District Court.

On March 25, 2018, at around 21:45, the Defendant driven a B-car under the influence of alcohol content of about 200 meters from the section of alcohol 0.218% in blood while under the influence of alcohol at around the entrance of the Southern subway Station No. 2 in the same Dong-dong located in the Nam-gu Busan Metropolitan City.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven BV around 21:45 on March 25, 2018, and proceeded with the roads of four lanes in front of the exit of the Southern subway Station No. 2 in the Southern-dong, Busan, using three lanes at the center of the median market as the center of the speed 20km.

At the time, it was found that the victim C(n, 55 years old) driven by the victim C(n, 55 years old) was driven by the police due to the crackdown on drinking by the police. In such a case, the driver of the motor vehicle had a duty of care to properly operate the brake system and accurately operate it.

Nevertheless, the Defendant was under the influence of alcohol and was taking an urgent action while driving as it was, but the measure was insufficient and the Defendant was under the influence of the driver’s license and was under the part of the back part of the D car.

Ultimately, the Defendant caused the injury of the victim C by occupational negligence to the victim C, which requires approximately two weeks of medical treatment, such as salt for distribution, and was accompanied by the said car.

To E (n, 53 years of age), approximately two weeks of medical treatment was suffered from injuries such as salt for distribution in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E;

1. A traffic accident;