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(영문) 부산지방법원 서부지원 2020.01.09 2019고단1944

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On December 6, 2016, the Defendant received a summary order of a fine of KRW 4 million from the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who is engaged in driving of Malaysia.

1. Around 23:55 on June 23, 2019, the Defendant driven the rain vehicle under the influence of alcohol with a blood alcohol concentration of 0.130% from a section of about 500 meters from the front of the D intersection road located in Busan Seo-gu C to the front of the F. in E, at around 500 meters.

As a result, the defendant violated the prohibition of drunk driving more than twice.

2. On August 16, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a radar under the influence of alcohol concentration of 0.130%, as described in paragraph (1) around 23:55, and driving the front road located in Busan Seo-gu, Busan, with the G apartment room at the intersection of Dridge located in Busan Seo-gu C.

At this point, there are three-lane roads in front of the defendant's running direction, so there was a duty of care to safely drive the vehicle in front of the vehicle's driving service with the driver's duty of care so that the driver can live well on the front side and the steering system of the vehicle is operated accurately so that it does not conflict with the preceding vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and failed to properly operate the brake system, and due to the negligence in which it is, the Defendant was under the influence of the Defendant’s operation, and the part behind the Defendant’s H(50-year-old vehicle) operation of the victim H(50-year-old vehicle.

As a result, the Defendant suffered injury to the above victim by occupational negligence during approximately two weeks, such as a multi-scopic scopic scopic scopic scopic scopic scopic scopic scopics, etc., and injury to the victimJ (inscopic scopic sc