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(영문) 부산지방법원 서부지원 2018.02.12 2017고단1760

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a vehicle B 125cctoba in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 16, 2017, the Defendant driven the above Otoba while under the influence of alcohol content of 0.222% in blood around 04:20 on October 16, 2017, and driven two lanes in front of Ddo located in Busan Lagu C, Busan, at a speed of about 60km in speed from the intersection to the subway station of the city at the speed of about 60km.

In such cases, there is a duty of care to prevent accidents by accurately manipulating the steering left and left well, and by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant received central separation facilities from the negligence of neglecting it, and had the victim E ( South and 19 years old) who was on the ground of the above Oba, on the floor.

Defendant 1 suffered injury to the victim by negligence in the above business, such as an acute fluoral surgery that requires approximately six weeks of treatment.

2. On October 16, 2017, the Defendant driving a blood alcohol level of B 0.222% under the influence of alcohol level of 0.22% from around one document located in the father-dong, Busan-dong, Busan-gu, Busan-do, to approximately 6km from around 0.22% from around 0.20% from around 0.2% from around 04:20,000 to the front day of D located in the death and death-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on traffic accidents, report on the circumstances of the driver in charge, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, shall be imposed.