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(영문) 부산지방법원 2017.02.21 2016고단7860

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Cost Engines in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 23, 2016, the Defendant driven the above passenger car with alcohol content of 0.088% while under the influence of alcohol among bloods around 19:25 on November 23, 2016, and led to two-lanes from the front side of the apartment, among the two-lanes of the apartment.

Since the place was a road on which the passage of a vehicle is frequent, in such a case, a person engaged in driving a motor vehicle has a duty of care to ensure the safety distance necessary to avoid the collision with the vehicle ahead and to prevent the accident in advance, if the vehicle ahead stops properly while accurately operating the steering gear and brakes.

Nevertheless, under the influence of liquor, the Defendant did not secure the safety distance with the vehicle in front, while driving at the front of the vehicle in front, and did so late to stop according to the signals installed in the signal apparatus installed in the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the road in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury to the victim E (16 years of age) who was on board the said rocketing car, on the part of the victim E (16 years of age) in need of approximately two weeks of medical treatment.

2. On August 20, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act. On January 6, 2010, the Defendant was issued a summary order of KRW 2.5 million for the same crime, etc. at the same court.

On November 23, 2016, the Defendant around 19:25.