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(영문) 부산지방법원 2017.04.27 2017고단940

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a bande car.

On November 20, 2016, the Defendant driven the above passenger car while under the influence of alcohol 0.101% in light of the blood alcohol level from 21:35 on November 20, 2016, and led to a four-lane road in front of the bus stop at the intersection of the bus stop located in the Busan Jin-gu, Busan.

At the time, the vehicle used by the victim C(n, 24 years old) with the same line is proceeding along with the same line, so the Defendant engaged in driving of the vehicle had a duty of care to thoroughly set the front time and secure the safety distance with the said vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the said vehicle in close vicinity to the said vehicle under the influence of alcohol, and found it late after the suspension of the said vehicle, and took a sudden operation measure, but did not stop, and did not stop the vehicle and shocked the back part of the said vehicle with the front part of the Defendant’s operation.

In the end, the Defendant suffered from the above occupational negligence to the victim E (30) who is a passenger of the said C and the damaged passenger car, for approximately three weeks of medical treatment.

2. Violation of the Traffic Act (drinking driving) on the road is under the influence of alcohol by 0.101% of alcohol concentration in a 3k-distance fluorous blood, from the front of the retirement playground located in the dong-gu Busan Metropolitan City at the time of the above day to the bus stop, the Defendant driven the above fluoring vehicle under the influence of alcohol content of 0.101% from the front of the bus stop to the bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

1. A traffic accident report, a traffic accident-related photograph, and a medical certificate;

1. Application of Acts and subordinate statutes to the reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and inquiries about the results of regulating drinking;

1. Criminal facts;