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(영문) 부산지방법원 2020.01.29 2019고단6003
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 3, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a BK7 car under the influence of alcohol level of 0.149% on November 3, 2019, and made it turn to the left from the side of the C market to the D department store.

Even if there is a duty of care to safely proceed to a person engaged in driving along an intersection with a signal apparatus and prevent an accident from smoke, the Defendant was negligent in failing to make a left turn to the right part of the Fstststa taxi driven by the victim E (the 66 years old) who was directly engaged in the left turn in accordance with the signals in violation of the signal.

Ultimately, the Defendant suffered, by the aforementioned occupational negligence, the injury of tensions, etc., requiring approximately two weeks of medical treatment to the victim E, the injury of tensions, etc. to the victim G (n, 64 years of age), and the injury of cages, etc., requiring approximately two weeks of medical treatment to the victim H (n, f2 years of age), and the injury of the victim H (n, f2 years of age), such as multiple cages, which affected the victim’s cages of which require approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the said K7 vehicle at a section of about 150 meters, while under the influence of alcohol 0.149% at the same time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. A traffic accident report;

1. Each photograph;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Each report on internal investigation (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 21);

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

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