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(영문) 부산지방법원동부지원 2020.12.18 2020고단2183

교통사고처리특례법위반(치상)등

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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

1. The Defendant is a person who drives a vehicle BXM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 5, 2020, the Defendant driven the said car under the influence of alcohol level of 0.127% with a blood alcohol level of 0.15% on August 5, 2020, and led to the left turn to the left at the intersection of the DPG charging station in front of Busan-gun C, Busan-gun, by making the crossing of the DPG charging station in front of Busan-gun, from the E apartment room to

At the time, at night and on the road of the tunnel, the central separation is installed, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by reducing the speed and safely driving the road in good manner.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the steering direction and brakes while neglecting the above duty of care, entered the above private-distance intersection and the road in the tunnel room where the Defendant was responsible for the left-hand turn, and received the central separation zone installed therein as the front-hand part of the Defendant’s passenger car.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence on the part of the Defendant’s victim F (V, 20 years of age) who was on board the Defendant’s passenger car operation chief for about four weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant on a temporary border under paragraph (1) of this Article, while under the influence of alcohol at about 2 km section from the front of Busan-gun G Gin-gun to the front of the charging station in the same military C, the blood alcohol concentration at about 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the circumstantial statement, circumstantial report, inquiry into the results of crackdown on drinking driving, and photograph of the accident site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and the Road Traffic Act.