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(영문) 부산지방법원 2019.07.26 2019고단2364

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

On October 29, 2010, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Busan District Court on October 29, 201 and a summary order of KRW 4 million to a fine at the same court on October 24, 2012, respectively.

The Defendant is a person engaging in driving a rocketing car.

Although the Defendant had been punished for drinking driving two or more times as above, on April 30, 2019, the Defendant driven the said car under the influence of alcohol level of 0.065% at around 18:30 on April 30, 2019, and led the Defendant to drive the said car in the influence of alcohol level of 0.065% on April 30, 201, and proceeds from the offline of the pancheon Underground Motor Vehicle located in Busan Jin-gu C, Busan.

In this case, there was a duty of care to safely operate the driver by accurately operating the steering room and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the part of the victim F (the age of 28) driving while waiting in the front direction of the Defendant’s driving led the Defendant to take the part of the Defendant’s driving in front of the driver’s vehicle. The Defendant had the said low driver’s vehicle in front of the victim’s H(the age of 60) driving in the front direction. In the future, the Defendant got the driver’s vehicle behind the part of the victim’s H(the age of 60) driver’s first driver’s vehicle in front of the driver’s vehicle in front of the vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim F, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of treatment to the victim F, the injury to the victim J (29 years of age) who was accompanied by the said low-priced car, such as crums, tensions, etc. in need of medical treatment for about two weeks, and the injury to the victim H, such as salt, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, J and H;

1. A traffic accident report (1)(2) and a written statement of the circumstances of the drinking driver;

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