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(영문) 부산지방법원 동부지원 2019.02.21 2018고단2329
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bren car.

1. On November 2, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was driving the said vehicle under the influence of alcohol from the front side of the D Contracting State to the E market while under the influence of alcohol on the road in front of the D Contracting State.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering and steering devices by fulfilling his/her duty of care on the front side.

Nevertheless, while under the influence of alcohol content 0.109%, the Defendant, by negligence, neglected the above duty of care, caused the part of the bicycle driven by the Victim F (F, 56 years old) who was under normal progress in the front bank by negligence, to go beyond the road to the right side of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, which requires approximately two weeks of treatment.

2. On November 27, 2006, the Defendant is a person who has been sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 23, 201, to a suspended sentence of one year on August 23, 2016 for the same crime, etc. at the Busan District Court Branch Branch of the Busan District Court on November 23, 2016.

Nevertheless, at around 12:35 on November 2, 2018, the Defendant driven the said car under the influence of alcohol of about 0.109% of blood alcohol concentration from a 1km distance from the later side of the H school located in Nam-gu Busan Metropolitan City to the front side of the Busan Suwon-gu Cro, the Defendant driven the said car in the state of alcohol of about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. The investigation report on the actual condition of a traffic accident, the report on the actual condition of a driving driver, the report on the actual status of a driving driver, the report on investigation (the report on the actual status of a driving driver), the report on investigation (the report on the actual status of a driving driver), the report on the use of a drinking measuring instrument, the investigation report, a field photograph, the report on the actual status of driving a driving

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