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(영문) 부산지방법원 2020.05.13 2020고단702
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

On April 14, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act.

1. On January 2, 2020, at around 09:25, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven a road in front of the patrol box located in the Dong-dong-dong-dong-gu Busan along the direction of the intersection from the intersection of the block to the intersection of the flock, thereby proceeding about 50 km each hour.

In such cases, there was a duty of care to prevent accidents in advance, such as a person engaged in the operation of an Ortoba, who is well in the operation of an Ortoba, accurately handles the steering and brakes, and fails to drive the steering and brakes in a state of drinking.

Nevertheless, the Defendant neglected to do so, while driving the above Oral brea while under the influence of alcohol level of 0.091%, and received the part behind the above Oral burged car of the victim B, which was proceeding in the front direction of the Defendant’s proceeding, from the front part of the above Oral burged car.

Ultimately, the Defendant suffered from the injury of the definite finite, which requires approximately two weeks of treatment, due to the above occupational negligence.

2. On January 2, 2020, at around 09:25, the Defendant driven the above urbane while under the influence of alcohol of about 0.091% in the section of approximately 2km from the 2km to the place of accident described in paragraph (1) on the roads in front of a mutually unclaimed restaurant located in the Busan-dong, Busan-gu. Busan-do.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. A medical certificate;

1. A written report from an employee of an employer;

1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act;

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