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(영문) 부산지방법원 서부지원 2021.02.17 2020고단2032
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

On April 27, 2009, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court to a fine for a violation of the Road Traffic Act, and on March 26, 2013, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On July 27, 2020, the Defendant driven the said car under the influence of alcohol content of 0.130% in blood at around 22:40%, and tried to change the signal to a wave to cut off the signal gap between the signal in the nearby road at the intersection of the seat of the Busan Gangseo-dong, Busan, but was under the influence of a waterway R (after dust).

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the speed of change to those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle following the Defendant’s driving of the victim C (Y, 23 years old), which was in the atmosphere of the signal signal signal at the lower end of the Defendant. The Defendant was under the influence of the Defendant’s driving of the said vehicle.

Ultimately, the Defendant suffered injury to salt and tensions in the part where it is necessary to give approximately two weeks of medical treatment to the victim due to such occupational negligence.

2. The Defendant 1 driven the SM5 car as stated in the above paragraph (1) while under the influence of alcohol content of about 0.130% in blood on the section of about 5km from around the road of the apartment complex Kimhae-dong, Busan to the intersection of the father-dong, Gangseo-gu, Busan to the adjacent road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. A written statement of the defendant C in court;

1. A traffic accident report, a report on the situation of the driver at the main place, an investigation report (report on the circumstances of the driver at the main place) and a diagnosis report on the accident scene;

1. A previous conviction: A written reply to inquiries, such as criminal history, and a minor conviction on the disposition;

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