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(영문) 부산지방법원 2017.05.19 2017고단1635

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:30 on March 4, 2017, the Defendant driven BM3 car under the influence of alcohol content 0.145% at a section of about 2km from the front side of the Mag-dong Mag-dong parking lot in Busan, Dong-dong, Busan to the front side of the D gas station in the same Gu C. From around 00:30, the Defendant driven BM3 car under the influence of alcohol content 0.145%.

2. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At the above day, the defendant driving the above car at the border of Busan Dong-gu, and driving a three-lane road in front of the D main station in Busan Dong-gu, and driving the car at a speed of about 50 K km along the one-lane from the boundary of the intersection to the boundary of the village underground.

At night, at the time of the defendant's front time, the Funst car of the victim E (W, 35 years old) driving was in progress. Therefore, the defendant engaged in driving of the motor vehicle had a duty of care to keep the safety distance from the front and to prevent the accident by maintaining the safety distance from the front while driving the motor vehicle well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving without securing the safety distance with the front vehicle and operated excessively closely, and the Defendant was able to report the stopping of the said rocketing vehicle, but the Defendant did not avoid it, and did not shock the back of the said rocketing vehicle with the front driver of the Defendant’s vehicle.

Ultimately, the Defendant suffered from each of the above E and the victim G (32) who is his passenger by occupational negligence as above, two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report prepared by E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of causing occupational negligence) concerning criminal facts, Article 148-2(2)2 and Article 44 of the Road Traffic Act.