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(영문) 부산지방법원 2015.07.01 2015고단1564
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

On August 6, 2009, the Defendant issued a summary order of KRW 1.5 million from Busan District Court to a fine of KRW 1.5 million, and on September 16, 201, to a fine of KRW 2.5 million for a violation of the Road Traffic Act from the Busan District Court's Branch Branch Branch of the Dong District Court of Busan to a fine of KRW 2.5 million.

1. Around 04:00 on November 23, 2014, the Defendant: (a) driven a B-to-be car under the influence of alcohol 0.119% in blood alcohol concentration by starting about about 5 meters from the rear side of the cell phone store in Busan Seo-gu, Busan, Busan, and driving a B-to-be car under the influence of alcohol 0.119%.

2. The Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”) driven the above vehicle while under the influence of alcohol 0.119% at the above temporary location, and continued to drive it on the crosswalk prior to the cell phone store in Busan Jin-gu, Busan.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and found the victim C (the age of 34) who walked on the crosswalk at the latest, and operated it. However, the Defendant did not avoid the Defendant’s wife and was placed in the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement of the occurrence of each traffic accident by Defendant C and C;

1. The offender's place, traffic accident report (1)(2), exposure report, circumstantial statement of the drinking driver, copy of the usage register of the drinking measuring instrument, and notification of the completion of correction.

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