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(영문) 부산지방법원동부지원 2020.12.17 2020고단1179
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:40 on April 26, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-to-purt Motor Vehicle B, leading the front road located in Busan Shipping Daegu C from the direction of the shipping substitute city to the shipping substitute.

Since the above place was an intersection with signal apparatus at the front side, a driver of a motor vehicle has a duty of care to see the front side and the traffic flow, and even though he had a duty of care to operate the motor vehicle safely, the defendant neglected the operation of the front side, the front side and the brake system while driving the motor vehicle under the influence of 0.132% of the blood alcohol concentration without a driver's license, and led the back part of the FWz A200 motor vehicle driven by the victim E (the age of 35) who is present at the front side of the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the above victim E, such as salt ties and tensions that require approximately two weeks of medical treatment, and injury to the victim G (V, 35 years of age) who is the passenger of the damaged vehicle, such as dumnasium and tensions that require approximately two weeks of medical treatment.

2. On November 5, 2007, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on January 18, 2010, a summary order of KRW 2 million from the Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act.

Nevertheless, the Defendant was under the influence of alcohol concentration of 0.132% without obtaining a driver’s license for a motor vehicle in the temporary border as referred to in paragraph (1) and operated a B-to-pur vehicle from approximately 2 km to the place of accident as referred to in paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of E;

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