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(영문) 부산지방법원 2017.05.15 2017고단1187

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three 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 case 5 car in the case of violation of the Road Traffic Act (unlicensed driving), violation of the Road Traffic Act (drinking driving), and violation of the Road Traffic Act (drawing after the accident).

On February 8, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle at around 05:40, driving the above case 5 motor vehicle with a alcohol content of 0.084% in the blood while under the influence of alcohol, led to the running of the above case 5 motor vehicle in front of the Home Pusscopic acid in Busan Metropolitan City, along the two-lanes of the two-lanes, to the intersection of the inside of the intersection from the Simcopic intersection along the one-lane.

Since there was a vehicle driving on the right side of the same direction at the time, in such a case, a person engaged in driving service has a duty of care to safely change the lane by prior notice of the change of course and the situation of traffic on the right side and the right side.

However, as the defendant neglected this, he was driving by the victim D (27 tax) who was driving two lanes on the right side of marina by changing the lane to the right side consecutively.

E Lastren's driver's seat of the car above case 5 is the top part before the right side of the car above case and damaged the car of the above rocketing to be 1,071,000 won for repair.

Nevertheless, the Defendant immediately stopped and escaped without taking measures when a traffic accident occurred.

2. On February 8, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven the said case 5 car while under the influence of alcohol with 0.084% alcohol concentration in blood without obtaining a driver’s license as stated in the above 1.47, around February 8, 2017, the Defendant driven the said case 5 car with a alcohol concentration of 0.084% in blood and escaped, while driving the G way in F in Busan East-gu, Busan, along the four-lane way between the two-lanes, proceeded from the intersection toward the sea-section.

At this point, it was a road narrow from four lanes to three lanes, and there are pedestrians on the sidewalk side of the lane, so in such a case, a person engaged in driving service.