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(영문) 부산지방법원 2016.08.18 2016고단1245

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

Article 44(1) of the Road Traffic Act is a person who has violated Article 44(2) of the Road Traffic Act on January 24, 2008, by issuing a summary order of KRW 2.5 million to the same court on January 18, 2010, including a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Busan District Court on January 24, 2008.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a car at the end of C.

On February 18, 2016, the Defendant driven the said car under the influence of alcohol content of 0.104% among blood transfusions, and proceeded at a speed of about 60km per hour according to the speed of about 60km from the 2nd tunnel to the west intersection, as long as it is located in the hot spring route of Busan East-gu, the road of five lanes in front of Green apartment was located in the hot spring route of Busan-gu.

At the time of night and at the front of the defendant's moving direction, D's E-city bus is under way, so in such case, the driver of the motor vehicle had a duty of care to see the front door well, to accurately operate the steering and brake system, to maintain the safety distance from the front, and to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving, and the lower part of the bus was shocked with the front part of the passenger car of the Defendant.

Ultimately, the Defendant’s negligence on the part of the above occupational negligence inflicted an injury on the victim FF (32) of the said bus for approximately three weeks on the clocks and tensions in need of medical treatment; the injury on the clocks, tensions, etc. in need of medical treatment for about two weeks to the same victim G (V, 41 years old); the injury on the clocks, tensions, etc. in need of medical treatment for about two weeks to the same victim H (V, 53 years old); the injury on the clocks, tensions, etc. in need of medical treatment for about two weeks to the same victim I (V, 48 years old); and the injury on the clocks, tensions, and so on to the same victim J(J, 43 years old).