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(영문) 부산지방법원 2014.09.22 2014고단5580

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

On August 9, 2010, the Defendant is a person who was sentenced to a fine of 2,00,000 won for a violation of the Road Traffic Act at the Changwon District Court on August 9, 201, who was sentenced to imprisonment for the same crime in the same court on February 25, 201, who was sentenced to a suspended sentence of 4 months, 2 years for a suspended sentence of 3 years, and who is engaged in driving of e-cub vehicles C.

1. Around 19:00 on May 23, 2014, the Defendant driven the said car under the influence of alcohol content of about 0.137% from the section of about 20km to the road at a point 165km in Gangseo-gu Busan Gangseo-gu, Busan, for the same day from the E parking lot located in D located in Busan Seo-gu, Busan, and around 19:30 on the same day.

2. On May 23, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven the said car with a blood alcohol concentration of 0.137% around 19:30, while driving the said car, and driving the road at a point of 165 km away from the boundary of the Busan Metropolitan City Seodo Busan Metropolitan City, Seodo, the Busan Metropolitan City, the road at a point of 165 km away from the boundary of the Busan Metropolitan City, the two-lanes of the four-lane away from the Busan Metropolitan City, Seodo

In this case, a person engaged in driving of a motor vehicle has a duty of care to ensure the safety distance with the preceding motor vehicle, to ensure the right and the right of the front, to properly operate the steering and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the passenger car driven by the Defendant, with the part of the back part of the passenger car driven by the victim F (F, South, 59 years old) drive G Kan Cargo in the same direction.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim F, such as salt, tensions, etc. of the climatic tensions, and the injury to the victim H (V, 62 years old) who was on board the damaged vehicle for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F;