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(영문) 부산지방법원 서부지원 2017.08.08 2017고단671
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 22, 2009, the Defendant issued a summary order of KRW 2,50,000 by the Changwon District Court to a fine for a crime of violating road traffic laws (drinking), and on July 21, 2014, the same court issued a summary order of KRW 7 million for a crime of violating road traffic laws (drinking).

[2] On May 14, 2017, the Defendant was under the influence of alcohol content of 0.082% in blood at around 15:15, the Defendant driven a DSS6 car at a efic speed, at the lower limit of the lower limit of the area at the lower limit of the area at the lower limit to the lower limit of the road at the lower limit of the three-lane to the lower limit of the three-lane at the lower limit.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, drive the steering and brake system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant found the FM5 car of the injured party E (28) driving in the signal waiting at the front of the last day of the traffic, while neglecting it, and received the part behind the said SM5 car as part of the front part of the car driven by the Defendant.

As a result, the Defendant caused the above victim to suffer multiple scambling in need of treatment for about 3 weeks, and driving a motor vehicle under the influence of alcohol as seen above, even though the Defendant violated the prohibition of driving under the influence of alcohol twice or more, the Defendant also driven a motor vehicle under the influence of alcohol by having the victim G (5 years, female) (5 years, female) who is the passenger of the victimized vehicle receive approximately 2 weeks of the base base in need of treatment, and the victim H (30 years, female, and female) who is the passenger of the victimized vehicle received approximately 30 weeks of the base in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Criminal facts;

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