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(영문) 부산지방법원 동부지원 2021.01.28 2020고단2042
교통사고처리특례법위반(치상)등
Text

A 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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal history] On July 24, 2019, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law in the Dong branch of the Busan District Court.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On May 15, 2020, the Defendant driven the said car under the influence of alcohol level of 0.060% during blood transfusion around 22:20%, and came to proceed to the direction of D University in the direction of the Naval Operations Headquarters depending on the two-lanes between the two-lanes on the rear side of the Busan Southern-gu apartment site C, and the two-lanes on the rear side of the Busan Southern-gu apartment site.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and a place where a center line of yellow solid lines is installed. Therefore, the person has a duty of care to operate a motor vehicle safely by accurately operating steering the steering wheel, brakes, etc. and thoroughly operating the steering wheel, and by thoroughly operating the steering wheel at the front.

Nevertheless, the Defendant neglected to do so and proceeded with the center line of the yellow domin line while under the influence of alcohol. However, the Defendant was placed in the front part of the Defendant’s vehicle, which was driven by the victim E (45 cm) who was straighted along one lane, and was in the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the above victim, such as brain-dead sugar and fluoral salt, which requires approximately two weeks of medical treatment, due to the above negligence.

2. On the date and time set forth in paragraph 1, the Defendant was driving a B-learning car under the influence of alcohol concentration of about 0.060% from the 1km section before the new line park located in the Southern-gu Busan Metropolitan City, to the front day of the C-Lin Park.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The report (the contents of the G CCTV images), the investigation report (the receipt of a diagnosis), the traffic accident report (1) (2), and the traffic accident of the police statement in relation to E;

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