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(영문) 부산지방법원 서부지원 2020.01.30 2019고단1512
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On May 12, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.126% around 07:10 on May 12, 2019, and led to a point of 1.6km away from the Daegu Highway located in the Busan Gangseo-gu, Busan to Daegu-do, along the two-lanes from Busan to Daegu-do.

In such a case, there was a duty of care to prevent accidents in advance by returning the front door to a person engaged in driving service, and maintaining the safety distance from the front.

Nevertheless, the Defendant neglected this and went through the same lane at the front of the Defendant’s vehicle by negligence, and thereby, received the following panion of the victim C (the age of 65) driving of the victim C (the age of 65) who was driving the same lane in the front of the vehicle.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc., which requires approximately three weeks of medical treatment by occupational negligence as above, and injury to the victim E (the aged 61) who was accompanied by the said SM5 car, such as sM5 car’s salt, tension, etc., for about three weeks of medical treatment.

2. Around 07:10 on May 12, 2019, the Defendant was driving a B-to-pur motor vehicle with a blood alcohol concentration of about 0.126% in the section of about 5km from the front of the 1-dong community service center located in the Seo-gu Office of Busan, Seo-gu to the Daegu-do Office of the central highway located in the 1.6km-dong of Gangseo-gu to the Daegu-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each traffic accident report, each written investigation report, each diagnosis report, the situation statement of a prime driver, and the field photographic Acts and subordinate statutes;

1. Article 148-2(2)2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.

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