logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.11.26 2019고단1912
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B-learning car.

On January 21, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.135% around 01:0, while under the influence of alcohol, went through two-lanes from the signal side to the green mountain zone, according to the chemical industry in Busan Gangseo-gu, and neglected to perform the duty of emulciating the front line while under the influence of alcohol. If the steering gear was not operated properly, the Defendant left the two-lanes and went off to the three-lanes, and was negligent in going to the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the B-learning passenger car under the influence of alcohol with a blood alcohol concentration of 0.135% at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the survey report on the actual condition, the report on the circumstantial statement of a host driver, the investigation report (report on the circumstances of a host driver), the confirmation of medical treatment, field photographs, and medical certificate;

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow