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(영문) 부산지방법원 서부지원 2018.03.15 2017고단1903

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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. The Defendant is a person who is engaged in driving a vehicle B K7 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.110% in blood at around 23:07, and led the Defendant to drive the said car with one lane from the side of SK apartment on the side of the next two-lanes in front of the elementary school, located in 581 as the Nakdong-dong of Busan Island, as it is located in 581.

At the time of night, there was a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the driver who is engaged in driving of the motor vehicle.

Nevertheless, the Defendant, due to the negligence of being negligent in driving while under the influence of alcohol, shocked the rear panion of CNata-si, which was under the influence of stopping, and due to the shock, was in front of the said Sota-si while being pushed in front of it.

DST 520 caused the back of the car to shock.

Ultimately, the Defendant caused the injury to the victim E (70), who is the driver of the above Baa si, due to the above occupational negligence, for approximately two weeks of medical treatment, such as brain salvin, and injury to the victim F (18 tax) who is the passenger of the above Baa si, for approximately two weeks of medical treatment, such as cinite sale, etc., and suffered from the injury to the victim G (31 years of age), who is the driver of the above M520 driver, for approximately two weeks of medical treatment.

2. Around October 23, 2017, the Defendant violated the Road Traffic Act (drinking) driven a BK7 car while under the influence of alcohol of about 0.110% of alcohol concentration in the distance of about 100 meters from the right side of the SK beauty apartment near the SK apartment located in 400, Seo-gu, Busan, Seo-gu, Busan, to the right side of the front day of the B-do located in 581, as the same Gu and the right side of the front day of the B-do located in 581.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and G;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the same Act concerning criminal facts.