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(영문) 부산지방법원 동부지원 2019.06.19 2019고단490
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal power] On July 3, 2018, the Defendant received a summary order of KRW 3 million from the Busan District Court as a violation of the Road Traffic Act (driving) and on November 29, 2018, the Defendant received a summary order of KRW 3 million from the Busan District Court's Branch Branch of the Dong Branch of the Busan District Court to a fine of KRW 3 million due to the violation of the Road Traffic Act (driving) on at least two occasions.

【Criminal Facts】

1. On February 23, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a low-priced car at B on February 23, 2019, and driving four lanes in front of D in Busan Shipping Daegu C, along the two-lanes from the side of E apartment to the FF market.

Since the above place was an intersection with signal apparatus, the driver of the motor vehicle has a duty of care to see the front side signal and accurately manipulate the steering direction and brake system of the motor vehicle to prevent the accident from spreading.

Nevertheless, while the Defendant neglected to do so in the front while under the influence of alcohol concentration of 0.074% without obtaining a driver's license, the Defendant saw the back part of the victim G (the age of 57) driving that was parked in the signal air from the front side of the Defendant's vehicle into the front part of the Defendant's vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury to the above victim G, such as catum and fatum salt in need of approximately two weeks of medical treatment, and injury to the victim I (28 years of age) who is the passenger of the victimized vehicle, such as catum catum and tension for about two weeks of medical treatment.

2. Around 05:05 on February 23, 2019, the Defendant driven a B-hand motor vehicle under the influence of alcohol level of about 0.074% without a vehicle driver’s license in the section near D located in the Nam-gu, Nam-gu, J apartment in Busan, via the front road located in the Nam-gu, Nam-gu, J apartment in Busan, to the roads near D located in the Nam-gu, Busan, the Defendant driven a B-hand motor vehicle without a vehicle driver’s license.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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