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(영문) 부산지방법원 동부지원 2020.04.23 2020고단17
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 engaging in driving a benz car;

On October 24, 2019, the Defendant, while under the influence of alcohol at 00:55% of the blood alcohol concentration, had an intersection where the yellow flickering lights, etc. are installed in front of the Busan Shipping Daegu C hotel at a speed of about 50km from the sea-going beach to the sea-going area at a speed of about 50km at the speed of about 50km. On the other hand, the Defendant had a duty of care to ensure that the Defendant, who is engaged in driving, has to temporarily stop to enter the intersection and check the safety of traffic at the intersection while driving the intersection.

Nevertheless, while driving a vehicle under drinking, the Defendant did not discover the FMW car driven by the victim E (the age of 38) who was driving on the left-hand side from the right-hand side of the driving direction by negligence while neglecting the front-hand side while driving the vehicle while driving the vehicle under drinking, and did not discover the FMW car as it is, thereby causing injury to the victim by taking the part of the above BMW car even on the front-hand part of the driver's vehicle, which requires approximately two weeks of treatment.

2. The Defendant is a person who has been issued a summary order of a fine of 1.5 million won at the Changwon District Court on October 08, 2012 for a violation of the Road Traffic Act.

On October 24, 2019, while under the influence of alcohol at around 01:10, the Defendant violated the prohibition of drinking alcohol by driving a benz car at a section of about 1k from around C hotel in the Don-dong, Busan, Daegu, at least two times to the front of the C hotel in Busan, while under the influence of alcohol at 0.06%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Previouss before ruling: Criminal records, US records and results of confirmation, and the application of Acts and subordinate statutes; and

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