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(영문) 부산지방법원 2016.03.30 2015고단8790
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On December 6, 2015, the Defendant was driving the said car in front of the Geum-gu, Busan, the Geum-gu, the Geum-gu, the Geum-gu, the Geum-gu, the Geum-gu, the Geum-dong Police Station at the front of the 252 Geum-gu, the front of the 201-gu, the front of the 201-gu, the front of the 201-gu, the front of the 201-gu, the place was an intersection where the signal, etc. is installed. As such, the Defendant has a duty of care to ensure that a person engaged in driving service is obliged

Nevertheless, when the defendant neglected to do so while under the influence of alcohol content 0.102% in blood and proceeds in the front stop of the vehicle in the front bank due to the negligence of the defendant's driver's vehicle under the influence of alcohol, the defendant collisioned the part of the driver's seat of the D SP car driving car that was directly left to the left side from the direction of the driving of the driver's vehicle in accordance with the Mar. 1, 200.

As a result, the Defendant suffered, from the above occupational negligence, approximately 6 weeks of cage cage cages to the victim C, and from the victim E (M, 38 years of age) who took advantage of the above damaged vehicle, approximately 10 weeks of cage crym crym crym crym crym crym crym cryms to the above damaged vehicle.

2. On the date and time set forth in the above paragraph 1, Defendant 1 driven the said vehicle while under the influence of alcohol content of about 0.102% from the section of about 10km up to the place indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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