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(영문) 부산지방법원 동부지원 2017.02.08 2016고단2649
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor bicycle BV 125 motor device.

On October 13, 2016, the Defendant operated a bicycle with alcohol level of 0.087% while under the influence of alcohol during blood without obtaining a license for a bicycle for a motor device device for light of 18:20% on October 13, 2016, and continued the side road front of the Grand Central church located in the south-gu Busan Metropolitan City with an influence of light at a sular distance.

In such cases, the driver of the motor bicycle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by properly examining the left and right of the way of the driver.

Nevertheless, the defendant, while under the influence of alcohol, was negligent in driving while neglecting it, and the part of the bridge of the victim C (55 years) (55 years) who was walking, was driven by the motor device bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand slick slick slick, etc., which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, subparagraphs 2 and 43 of Article 154 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The offense of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Punishment shall be punished by imprisonment without prison labor or a crime of violating the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the liability insurance is subscribed and the damage is relatively insignificant);

1. Social services;

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