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(영문) 부산지방법원 동부지원 2020.02.13 2019고단2264
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person who is engaged in driving a Grandroth.

On November 13, 2019, at around 18:05, the Defendant was under the influence of alcohol with 0.075% of blood alcohol level, and the three-dong public parking lot front of the 2nd public parking lot in Busan, Daegu, Busan, the Defendant was under the influence of alcohol level to turn to the left in the direction of the Library.

Since a crosswalk without signal lights is installed, in such a case, the person engaged in driving of the van has the duty of care to safely drive the crosswalk after checking whether there is a person driving the van by reducing the speed and by checking well the right and the right and the right.

Nevertheless, the Defendant, under the influence of alcohol as above, went beyond the body part of the victim D (Woo, 56 years old) who walked along the crosswalk at the front of the above knife in front of the above knife vehicle by negligence and left left without neglecting it.

Due to its shock, the Defendant suffered injury, such as cutting the bones on the left side of the victim in need of medical treatment for about five weeks.

2. Around November 13, 2019, the Defendant was under the influence of alcohol at a section of about 3km from the Busan Eastdong-gu to the roads in front of the second public parking lot located in Busan, Busan, the Defendant driven a Grandroth under the influence of alcohol with about 0.075% of alcohol level from the section of about 3km to the roads in front of the second public parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Reading report, report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Application of the Acts and subordinate statutes by cutting down a black stuff image;

1. Article 3(1), the proviso of Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2(3)3 and Article 44 of the Road Traffic Act concerning criminal facts;

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