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(영문) 부산지방법원 동부지원 2019.10.17 2019고단1457

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives BMW car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 5, 2019, the Defendant driven the said car under the influence of alcohol level of 0.136% at around 20:30 on May 5, 2019, and led to the passage of the three-lane road in front of the Busan Shipping Daegu Cultural Center, Busan, to the intersection of the mountain road at the intersection of the Gyeongcheon Park.

At the time, there are other vehicles standing at night and at the front door, so the driver of the vehicle has a duty of care to prevent the accident in advance by reducing the speed and safely driving on the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the above duty of care and not operating the steering direction and brakes accurately, and was under the influence of the victim C(54 years old) driving in the front section of the driver’s vehicle.

After all, the Defendant suffered, by the above occupational negligence, injury to the victim C, the victim E (the 53 years old), the victim F (the 28 years old), the victim G (the 56 years old), and the victim H (the 33 years old old), respectively, for approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (MM) was driven by the Defendant in the state of being under the influence of alcohol of approximately 0.136% of blood alcohol concentration at the section of approximately 1.4 km from the 1st of Busan Metropolitan City Shipping Daegu to the front road of the cultural center located in the same Dong-dong from the 1st of Busan Metropolitan City, Busan Metropolitan City, to the next road of the cultural center located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) (2) and results of the drinking test, reports on the state of drinking drivers, reports on the state of drinking drivers, reports on the state of drinking drivers, reports on the state of drinking drivers, records on the use of drinking measuring instruments and statements on the state

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;