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(영문) 부산지방법원 2014.07.25 2014고단2978

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six 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

1. On April 1, 2014, at around 00:08, the Defendant driven a motor vehicle B Abrote in the state of alcohol alcohol concentration of about 0.18% within a about 10-meter radius from the front day of the Jindo basin located in the Busan East-gu hot spring dong to the point of approximately 164 kilometers in the south Sea Highway, which is located in the Busan Gangseo-gu Seo-dong.

2. On 00:08 on 00:08, the Defendant, while under the influence of alcohol, driven the said car and proceeded one lane from the Southern Sea Highway in Busan Gangseo-gu to the port of Busan at the port of Busan.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well and to prevent the accident from accurately operating the steering and brake system in advance.

Nevertheless, the suspect neglected this and proceeded in the front of the defendant's vehicle by negligence, and the victim C (Nam, 44 years old) who was driving in the same direction was driving in the same direction.

As a result, the Defendant suffered from the victim E (the victim 41 years old and 7 years old) and the victim F (the victim 7 years old and 7 years old) by his occupational negligence in order to provide approximately 4 weeks medical treatment to the victim C, and suffered from the victim E (the victim 41 years old) and the victim F (the victim 7 years old and 7 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual condition survey report, report on detection of a host driver, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment, drinking and degree of damage, and choice of imprisonment without prison labor or imprisonment, taking into account the fact that it is an accident on an expressway;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.