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(영문) 부산지방법원 동부지원 2020.01.15 2019고단2002
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives B Poter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 3, 2019, the Defendant driven the foregoing vehicle under the influence of alcohol of 0.182% with blood alcohol concentration of 0.182% on September 3, 2019, and got the front of the D cafeteria located in Busan Shipping Daegu C, to the Maritime Daegu Office.

At the same time, it was difficult for pedestrians to leave the road around the sea, and since there was no distinction between delivery and the above road, pedestrians frequently passed the road and have the duty of care to prevent accidents by driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly see the front-down of the foregoing vehicle, and caused the victim G on the road as part of the front-hand part of the foregoing vehicle (Y, 88 years old).

After all, the Defendant suffered injury, such as pressure duplicating one another, which requires approximately eight weeks of treatment by occupational negligence as above, to the victim.

2. On August 10, 2006, the Defendant received a summary order of KRW 1.5 million from the Busan District Court’s branch court to a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million from the same court on January 23, 2015, respectively.

The Defendant, while under the influence of alcohol content of 0.182% in light of the time stated in paragraph (1), was driving the said vehicle from the front side of the Busan Shipping Daegu to the place where the said accident occurred to approximately KRW 5km, and from the above accident site to the J Hospital located in Busan Shipping Daegu at approximately 2.5km.

Summary of Evidence

1. Defendant's legal statement;

1. The fact-finding report, the fact-finding report, the investigation report, the investigation report, the photographs related to the drunk driving, the photographs related to the drunk driving, the management inquiry report on the exposure to alcohol, the general diagnosis report, the criminal history record, and the inquiry report;

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