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(영문) 부산지방법원 2018.06.20 2018고단1733
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 April 18, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court, and on April 28, 2010, the above court issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act.

[Criminal facts]

1. On March 4, 2018, the Defendant: (a) driven a F body-man car under the influence of alcohol with approximately 300 meters alcohol concentration 0.148% from the section of approximately 300 meters from the front of the point of C located in Busan, Jin-gu, Busan, to the front of the point of E located in the same Gu and in the same Gu D.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving service of the first passenger car in F body.

At around 18:30 on March 4, 2018, the Defendant, while under the influence of alcohol of the said car at 0.148% in blood, was driving ahead of the road specified in paragraph 1 E in front of the said car at a speed of 10 to 20km at a speed of 10km per hour among the five-lanes in letter, in the front of the said road at the intersection of the opening at the intersection of the street.

In such cases, even if the vehicle ahead stops while maintaining a safe distance with the vehicle ahead, the defendant, as a driver of the vehicle, has a duty of care to set the vehicle and prevent it in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop, led the Defendant to drive a H rocketing car of the victim G (46 S) who was stopped for the signal waiting at the front of the vehicle of the Defendant, and caused the Defendant to drive the said rocketing car to the front part of the vehicle of the Defendant, which was driven by the victim I (43 S) who was stopped for the signal waiting at the front of the vehicle of the Defendant, and caused the said rocketing car to take the front part of the said rocketing car.

Ultimately, the Defendant committed the above occupational negligence.

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