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(영문) 부산지방법원 2020.06.11 2020고단1737
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

[Criminal Power] On January 9, 2013, the Defendant received a summary order of a fine of KRW 3 million from the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 02:45 on April 7, 2020, the Defendant was driving a Eknitro vehicle under the influence of alcohol content of about 0.089% from the area near the Busan Eastdong-gu B apartment parking lot to about 3km in the front of the Busan Dongdong-gu C apartment Ddong, with a blood alcohol content of about 0.089%.

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

2. The defendant is a person who is engaged in driving a vehicle Eknife in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 7, 2020, the defendant driving the above van on April 7, 2020, and driving the two-lane road in front of the Busan East-gu C Apartment, Busan, using one lane, in the direction of a mountain bridge in the vicinity of the coast of the F Bank Bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as thorough operation of the steering and driving of the motor vehicle, and accurate operation of steering devices, brakes, etc.

Nevertheless, while being under the influence of alcohol as above, the Defendant neglected this and was driven by the injured party G (Nam, 50 years old) who was in the air signal at the front of the Defendant, and was driven by the Defendant as the front part of the Defendant’s vehicle.

After all, the Defendant suffered from the victim G and the victim I (Nam, 48 years of age) who was on the same job by negligence as above, with approximately three weeks of light fluoral care.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident statement;

1. Reports on traffic accidents and investigation reports (with respect to attachment of photographs);

1. Report on the results of the crackdown on drinking driving and investigation report (report on the situation of the drinking driver);

1. Each written diagnosis;

1. Previouss before judgment: Criminal history records;

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