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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2317

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BNS E Q90 vehicle with a blood alcohol concentration of 0.199% at around 00:30 on September 19, 2018, and led three-lanes of three lanes in front of the valley tunnel located in the Eup/Myeon in the Busan Metropolitan Government captain’s articles of incorporation to the boundary of the City Mayor/Do governor in the vicinity of the articles of incorporation.

At the time, at night, a person engaged in driving service has a duty of care to prevent accidents by safely driving the steering system, such as making a well-brupted well, and accurately operating the steering gear.

그럼에도 피고인은 술에 취하여 이를 게을리 한 과실로 차량 진행방향 오른쪽 옹벽을 충격하여 왼쪽으로 튕기면서 2차로를 주행하던 피해자 C(47세)가 운전한 D 포터Ⅱ 차량의 조수석 부분을 피고인의 차량 운전석 앞바퀴 및 범퍼 부분으로 충격하였다.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, for about five days.

2. Around 00:30 on September 19, 2018, the Defendant driven a vehicle B Nesi E Q90 under the influence of alcohol concentration of approximately 2 km from the 2km section to the roads in front of the valley tunnel, located in the Seoul Metropolitan Government’s Articles of Incorporation, the head of the Gun in the Busan Metropolitan City, the head of the Gun, and the head of the Eup in the Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports on traffic accidents, reports on the results of the control of drinking driving, reports on the circumstantial statements of drinking drivers, investigation reports (report on the circumstantial circumstances of drinking drivers), photographs at each accident site, investigation reports (as to attachment of medical records), and application of Acts and subordinate statutes on medical records;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Criminal Act.