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(영문) 부산지방법원 2016.07.14 2016고단2025
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK5.

On November 21, 2015, the Defendant driven the said car under the influence of alcohol content of 0.138% during blood transfusion at around 06:45 on November 21, 2015, and driven the said car along the two-lane road in front of the Yeongdeungpodo Police Station located in the Seodo Police Station located in the Seocheon-gu, Busan.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle due to the safe operation of steering gear, steering gear, etc. while living well along the direction of the traffic situation of the road and the driving direction of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to operate the steering wheel and brakes accurately, caused the part concerning the back of the victim C(49) driver's knife driver's knife driver's knife driver's knife driver's knife driver's knife in front of the knife for the above knife driver's knife.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately eight weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driving the said K5 vehicle under the influence of alcohol with about 1km from the front line of a new hold box located in the Jung-gu Busan Metropolitan City, Busan, to the front line of the Yeongdeungpo-gu police station located in the Seodo Police Station located in the Busan, Young-gu, Busan, while under the influence of alcohol with about 0.138% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the circumstances of driving at home, and a report on the detection of a driver at home;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 1

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