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(영문) 부산지방법원 동부지원 2018.07.25 2018고단1193

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2018, the Defendant driven a B B B benz car under the influence of alcohol content of 0.154% in blood at around 22:35, and driven a approximately 20 kilometer from the front day of the Defendant’s house in Busan, Daegu C, the Busan, the U.S., to the front day of the 13 kilometers in front of the East Sea Highway located in the front day of the U.S., Busan, the U.S., the 13 kilometers in front of the B m

2. The Defendant driven the above vehicle at the time same as that set forth in the preceding paragraph, and proceeded 13 kilometers in the vicinity of the highway in the East Sea into two-lanes from the Busan Sea to the Ulsan Sea.

At this time, the defendant, as a driver of a motor vehicle, has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and led the victim D (W, 57 years old) driving the two-lane due to the negligence of driving a vehicle by neglecting it at the time of the previous week, and shocked the back part of the driver's car in the left side of the motor vehicle of the defendant.

Accordingly, the Defendant violated the duty of care as seen above and caused the victim D to suffer injury, such as the cutting of the body body felbs, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Each traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots, and to hear statements by police officers);

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence due to traffic accidents, the choice of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;