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(영문) 부산지방법원동부지원 2020.10.21 2020고단1103
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2015, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 02:10 on April 28, 2020, the Defendant driven an E-Track vehicle while under the influence of alcohol of about 0.114% of blood alcohol concentration at the 1km section from the front of the building Busan Shipping Daegu B, to the front of the D cafeteria located in the same Gu C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant is a person who is engaged in driving a ETrack vehicle.

At around 02:10 on April 28, 2020, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, and driven the four-lane road in front of the D cafeteria located in Busan Shipping Daegu C, along the three-lanes from the border of the East site to the Olympic intersection.

Since there is an intersection where signal lights are installed at the front bank, the driver of the motor vehicle had a duty of care to operate the brake and steering gear accurately by accurately operating the brake and steering gear while living well on the front side and the left side.

Nevertheless, the Defendant neglected to stop under the influence of alcohol and found it late after the Victim F (Nam, 50 years old) driven by the Defendant’s Genz car which was driven prior to the failure to keep the traffic situation properly, and was driven by the Defendant as the front part of the above Traz car driven by the Defendant following the benz car.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim, such as salt, tensions, etc., of the chills that need to be treated for about two weeks, and injury to the victim H (the 50-year old-age-old) who is a passenger of the said benz’s car, such as salt, tensions, etc., for about two weeks.

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