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(영문) 부산지방법원 서부지원 2020.06.19 2019고단2900
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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 June 11, 2013, the Defendant was sentenced to a fine of KRW 4 million by the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of a passenger car in Benz.

On December 1, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.156% 0.156% around 03:56 on December 1, 2019, and led to the intersection of the D blind distance in front of the city of Busan to the direction of the forest zone from the direction of the E market.

At the time, night and the level of rained surface was milched. In such a case, a driver of a motor vehicle has a duty of care to check the safety of the course by checking well the front and rear left, and to accurately manipulate the steering direction and brake system and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was driving by the Victim F, who was stopped for a signal waiting before the Defendant’s vehicle while driving, received the amount of GMW SUV car driven by the Defendant’s vehicle as the Defendant’s car and suffered injury to the Victim F, such as salt, tension, etc. for about two weeks in need of treatment.

2. Around 03:56 December 1, 2019, the Defendant was driving a benz car at a level of approximately 500 meters from the H Bank located in the Heagu of Busan to the H Bank distance Intersection of D in front.156% under the influence of alcohol content.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the result of crackdown on drinking driving;

1. Inquiry into the result of the crackdown on drinking driving;

1. A written statement on the occurrence of traffic accidents;

1. A medical certificate (F);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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