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(영문) 부산지방법원 서부지원 2018.05.23 2017고단2070
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 8, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and KRW 2.0 million for the same crime at the same court on September 2, 2010.

1. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and engages in driving service of automobiles by making a franchise.

On November 25, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.133% among blood transfusion around 20:30 on November 25, 2017, and led the Defendant to proceed to the Gupo-dong from the direction of Seopo-dong along the two-lanes in front of the MG Saemaul Cooperative located in the Dong of Busan, Seopo-dong.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by taking into account the traffic situation of the front side.

Nevertheless, the defendant neglected to do so and led the victim D(27) driving in the signal atmosphere due to negligence and shocked the E-Wz car in the victim D(27) driving.

Ultimately, the Defendant suffered from the victim F (V, 54 years old) by occupational negligence as above, for approximately two weeks, injuries, such as climatic salt, etc., in need of medical treatment.

2. Around November 25, 2017, Defendant 2, who violated the Road Traffic Act (drinking) had been punished twice or more for a violation of the Road Traffic Act (drinking). However, Defendant 2 driven a car under the influence of alcohol with approximately 0.133% alcohol level in the section of about 200 meters from the mother market located in the Dong of Busan, the mother market located in the Dong of the Busan, Busan, to the front day of the MG Saemaeul Saemaeul, around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting of a traffic accident (1) (2);

1. Each written diagnosis;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts shall be applicable.

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