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(영문) 부산지방법원서부지원 2020.12.18 2020고단1727

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On December 28, 2009, the Defendant was issued a summary order of a fine of four million won at the Busan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

1. Around 16:00 on June 21, 2020, the Defendant driven the above cargo under the influence of alcohol with a blood alcohol concentration of 0.119% from the section, from the road near the Cando Village located in the Busan-gun to the air condition 1, the air condition of the air condition of the city located in the city of the Busan-gun, Busan-do, to the air condition of the air condition of 0.119%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On June 16, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the above cargo vehicle under the influence of alcohol concentration of 0.119% as stated in paragraph (1) of this Article, and driving the above cargo vehicle under the influence of alcohol concentration of 0.119% according to two-lanes from the boundary of the main intersection to the opening of the air-conditioning station in Busan City.

There are two-lanes of the two-lanes of the Defendant’s driving, the two-lanes of the victim C(ma, 63 years old), and thus, in such a case, a person engaged in driving a motor vehicle has a duty of care to keep a collision by maintaining a safety distance with the prior vehicle and operating the brakes accurately.

Nevertheless, the defendant neglected to perform his duty at the time of Jeonju, and failed to accurately operate the operation system, which conflict with the victim's back portion of the above cargo vehicle in front of the defendant's above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. The defendant's legal statement; 1.1.