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(영문) 부산지방법원 동부지원 2018.05.23 2018고단572
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 17, 2017, the Defendant driven a c 124 c c mera while under the influence of alcohol content of 0.114% among blood transfusions on 0.17:40, the Defendant driven a c mera, which is a problem of c 124 c mera, and driven the crosswalk in front of the swimming-gu private sports center in the Young-gu Busan Metropolitan City, into one way among the two-lanes in the direction of the village of the public.

At all times, there is a pedestrian crossing where traffic is controlled by signal apparatus, so it is necessary to proceed in accordance with the new code, and there was a duty of care to protect pedestrians, such as checking whether there is a person who gets on a crosswalk and stopping in advance so as not to shock people.

Nevertheless, Defendant D (58 taxes, n, n, etc.) had the victim D (58 taxes, n, n.e., n.) who was a walked on the right side of the crosswalk in accordance with the pedestrian signals of the crosswalk in the direction of the course by neglecting it under the influence of alcohol and neglecting it, and caused it to go beyond the road.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as an indeption of a closed trauma prop which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the detection of a primary driver;

1. A CD (CCTV image);

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

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, and Article 3 (1), the proviso to Article 3 (2) 8, 1, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence due to the driving of a vehicle, the selection of imprisonment without prison labor), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the selection of imprisonment with prison labor);

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Class 1 of the General Traffic Accidents (the injury caused by traffic accidents) and the special aggravated area (8-3 years from August to 3 years) [the special aggravated person] drinking driving, etc., Article 3(2) of the Act on the Aggravated Punishment of Crimes.

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