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(영문) 부산지방법원 2017.04.26 2017고단634
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On October 14, 2009, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on April 9, 2015, and was sentenced to a fine of four million won due to a violation of the Road Traffic Act at the Busan District Court's Dong Branch Branch, and was sentenced to a fine of four million won due to a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch, the Defendant

[Criminal facts]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a rocketing car.

On December 18, 2016, the Defendant driven the said car under the influence of alcohol content of 0.084% during blood transfusion at around 22:40 on December 18, 2016, and passed through D front roads located in Busan Northern-gu C.

A person engaged in driving service has a duty of care to safely drive a person who is engaged in driving service by checking his/her right and right and right well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in front of a funeral hall, was driven by the victim E(30) driver, who was standing in front of the funeral hall. The Defendant was driven by the victim E(30) driver in front of the said car.

Ultimately, the Defendant caused the injury to the victim E, which requires treatment for about about 20 days by occupational negligence as above, to the victim G (29 years old) who is a passenger of the said car, and suffered injury, such as knee seat, which requires treatment for about 20 days.

2. On December 18, 2017, the Defendant was under the influence of alcohol with 0.084% from around 22:40 to around 23:00, the Defendant driven B car from the distance of about 3 km from the 1550-10 meters from the roads front of the 1550-10 (three-dong) of the Busan-gu Schill-dong, to the roads front of the Dongnam-dong located in the same dong.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis (a list of evidence).

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