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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1800
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

1. On February 3, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.105% at the distance of approximately 3.8 km from the front of the friendly apartment house located in the Busan metropolitan transportation Daegu to the front of the original intersection located in the same Dong from February 22:3, 2018.

2. On February 3, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.105% in blood at around 22:33, 2018, and driven the road ahead of the original road crossing located in the Busan Shipping Daegu-do.

In such cases, as a driver of a vehicle, he/she has a duty of care to prevent accidents by accurately manipulating the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty of the front-time watch and the operation of the operation of the brakes, and at the same time, the victim C, who was in the atmosphere of the signal signal at the bend of the bend, was driven by the Defendant’s driving vehicle, and the part concerning the pans was driven by the Defendant’s driving vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, photographs of the scene of an accident, reports on the detection of the driver at the main driver, reports on the circumstances of the driver at the main driver, investigation reports (report on the circumstances of the driver at the main driver), diagnosis reports, investigation reports

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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