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(영문) 부산지방법원 서부지원 2018.02.07 2017고단1710
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 a period of 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) is a person who is engaged in driving a vehicle with a body car B.

On July 9, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.130% from blood transfusion around 16:20 on July 9, 2017, and proceeded with one lane in front of D Mart in Changwon-si Member C, Changwon-si.

A person engaged in driving service has a duty of care to ensure safe operation by accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so and received the rear part of the F motor device bicycle driven by the Defendant as the front part of the Defendant’s driver’s vehicle, which was driven by the Victim E (51) who was going on the front side of the Defendant.

Defendant 1 suffered injury, such as cage cage cages, which requires approximately eight weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven a car under the influence of alcohol level of about 0.130% from the 1km section from the Do in front of the building in the Jinan-gu, Changwon-si, Changwon-si to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Appointment by occupational injury or imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment is limited to the general traffic accident, and the basic area (from April to one year) (special mitigation (special mitigation) is not subject to punishment, driving under the influence of alcohol, etc.).

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