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(영문) 부산지방법원 동부지원 2017.03.08 2016고단2553

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 17, 2016, the Defendant driven a DSS3 car under the influence of alcohol content of about 0.077% at the 2km section from the 2km to the front road located in B, adjacent to the BMW vehicle exhibition center located in the south-gu Busan Metropolitan City, Nam-gu, Busan, and around 2km.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DSS3 vehicle. On October 17, 2016, the Defendant driving the said vehicle around 21:50, while driving the said vehicle, three lanes in front of the C in Busan Southern-gu, Busan, along the two-lanes from the string distance to the gate intersection.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right of the front and the right and the right of the motor vehicle and to safely proceed in accordance with good faith.

Nevertheless, the Defendant neglected this and did not stop without stopping, even though the vehicle signal was changed to the stop signal in the state of driving, and did not find out that the direction of the victim E (56) driven by the Defendant in front of the Defendant, 125CC, which was driven by the Defendant, changed the direction to the intersection and turn to the left from the right side of the Defendant’s proceeding, and did not turn to the left, and the Defendant got the front part of the said vehicle driven by the Defendant and got the victim go to the ground.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the entrance into the left-hand part of the family in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the traffic accident report (1) (2) , vehicle photographs and site photographs, traffic accident scene maps, circumstantial report on drivers at the main place of the traffic accident, medical certificate, and black booms CD-related Acts and subordinate statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking and the point of driving under influence of alcohol) concerning facts constituting an offense;