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(영문) 부산지방법원 2015.10.30 2015고단5244

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2015, the Defendant, while under the influence of alcohol 05:05, the blood alcohol concentration of 0.166% on July 23, 2015, had CK3 automobiles owned by the Defendant proceed to the direction of the educational officer lane in the direction of the Gucuk tunnel.

A person engaged in driving service has a duty of care to drive safely by checking the front side and the left side.

Nevertheless, the Defendant neglected this and received the victim F(51) who was in order to towing a vehicle at the right edge of the vehicle at the right edge of the vehicle in front of the right edge of the vehicle and had the victim go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as the right sponsor in the lower part, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A medical certificate;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. 교통사고보고⑴⑵ 법령의 적용

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as reflection of the accused, agreement with the victim, and comprehensive insurance coverage);

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] is the basic area (including special mitigation) of Type 1 (Death resulting from Traffic Accidents) (Special Mitigation) (including serious efforts to recover damage) / Cases where illegality in the proviso to Article 3 (2) of the Special Class 3 (2) of the Special School Act is serious (general penal person] motor vehicle comprehensive insurance, serious reflective/serious injury, not serious serious injury has occurred;