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(영문) 부산지방법원 서부지원 2017.06.21 2017고단271

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On March 19, 2017, the Defendant, while under the influence of alcohol content of 0.202% during blood transfusion around 03:10%, was driving a two-lane of the two-lane from the front side of the Busan Bank, which is located in the Seopo-dong, Busan, Seopo-dong, with a speed of about 70 km in the speed of the Sinpo-do.

In such cases, a driver of a motor vehicle has a duty of care to safely operate the steering system by properly operating the steering room and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, found the victim C(61), who was under the influence of alcohol and stopped at the front time, left the Dona-si, and operated it late, but did not fall short of the Defendant’s driving, and received the part of the above Dona-si’s vehicle behind the Defendant’s driving.

As a result, the Defendant caused the victim to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of medical treatment by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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 former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;