logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.11.27 2020고단4180
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a franchise-free motor vehicle;

On September 12, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.194% with blood alcohol concentration around 01:20 on September 12, 2020, and led the three-lanes of the three-lanes in front of Busan Jin-gu C apartment in Busan to the boundary of the front intersection.

At the time, since the driver's duty of care was night and milched, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system in a situation where the driver's duty of care was not performed in a state of drinking.

Nevertheless, the Defendant neglected this and proceeded with the part of the front part of the foregoing vehicle due to negligence in driving the foregoing vehicle without due care of the front and the left, and the latter part of the victim D (the age of 64) driving in the same lane, which was sent at the same vehicle.

Ultimately, the Defendant caused the victim D’s occupational negligence to suffer injury, such as salt, tensions, etc., of the chills requiring treatment for about two weeks. At the same time, the Defendant suffered injury to the victim F (the 64 years of age) who is the passenger of the victimized vehicle, such as salt, tensions, etc. of the shoulder chills requiring treatment for about two weeks, and the Defendant caused the victim G (the 64 years of age) to suffer injury to the chills, tensions, etc. requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a state of drinking 0.194% of the blood alcohol concentration at approximately 9km section from the south-gu Busan metropolitan road to the place specified in Paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement, survey report on the actual condition of his/her oral statement, report on the actual condition of his/her driver;

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

arrow