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(영문) 부산지방법원 서부지원 2019.05.17 2018고단2321
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaging in driving a car B.

At around 07:00 on September 1, 2018, the Defendant driven the said car under the influence of alcohol by 0.130%, and continued to run the said car prior to the exit of the lower subway station located at the lower end of the Busan Sagu.

At the time, there is a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking well the booming.

Nevertheless, the Defendant neglected this and neglected to perform the duty of care due to his occupational negligence, which led the victim C (the 68-year-old)'s (the 68-year-old) driver's (the 5-year-old) driver's (the 5-year-old) driving (the 44-year-old driver's) waiting the front vehicle at the front section of the Defendant's (the 5-year-old driver's) driver's (the 5-year-old driver's) to get the front section of the 5-year-old driver's (the 44-year-old driver's) in order to change the course

Ultimately, the Defendant suffered injury to the victim C, a passenger of QM5 car driver, such as Ga (n, 64 years old), the victim E, Dong passenger, the victim H (n, 37 years old), the victim I (40 years old), the victim J (55 years old), and the victim K (49 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. Each written diagnosis;

1. Traffic accident report, notification on the results of the control of drinking driving, report on the state of drinking drivers, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes concerning traffic CCTV images;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 1530 of the former Road Traffic Act on March 27, 2018.

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