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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1550

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B K7 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 2, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.104% among blood transfusion around 07:30, and continued two lanes prior to “D” located in Busan Shipping Daegu, along the two-lanes of “Parast hotel” on the side of “Parast hotel,” along the two-lanes.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well examines the traffic situation of the front side.

Nevertheless, the Defendant, by negligence in breach of the duty of liquor in the front time prior to the sobrith of alcohol, caused the Defendant to drive F. F. F. F. F. F. F. F. F. F. MAM 1500 marb, which reduces speed in the front time.

Ultimately, the Defendant caused the above victim by occupational negligence to suffer injury, such as salt, tensions, etc., of the trend that requires approximately two weeks of medical treatment.

2. On March 31, 2015, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's Dong Branch Branch, and a fine of four million won for a crime of violating the Road Traffic Act (drinking) in the same court on April 16, 2018.

On July 2, 2018, the Defendant, who had been punished for drinking two or more times, driven BK7 car from the Busan Shipping-gu Mari apartment parking lot to the front of the same middle-dong hotel in about 2 km while under the influence of alcohol 0.104% of alcohol during blood transfusion around 07:30 on July 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) a report on actual condition investigation, a medical certificate, a report on the detection of a primary driver, a statement of the situation of the primary driver, a response to inquiry, such as criminal history, and an investigation report (in addition to the same criminal suspect's driving record).