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(영문) 부산지방법원서부지원 2020.10.08 2020고단1016
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a radar car;

On December 29, 2019, the Defendant driven the said car while under the influence of alcohol 0.176% in blood alcohol level around 21:25 on December 29, 2019, and moved it to the d apartment room on the front side of Busan Gangseo-gu Busan apartment.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and brakes of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim E (the age of 28) who was in the atmosphere of the signal at the opposite lane due to the negligence of bypassing it, and was driven by the Defendant by the front part of the car.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim E, such as a salt panscule for about three weeks in need of medical treatment, and suffered an injury to the victim G (28 years old) who was on a car driven by the victim E, such as salt panscule and tension for about two weeks in need of medical treatment, and a injury to the victim H (26 years old), such as salt panscule and tension, etc. of the scule of the scule that require medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time stated in the above paragraph (1), driving a radar car as stated in the above paragraph (1), while under the influence of alcohol from about 700 meters to the place indicated in the above paragraph (1) of this Article, with a blood alcohol concentration of about 0.176%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. On-site photographs;

1. Each written diagnosis;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;

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