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(영문) 부산지방법원 서부지원 2018.06.22 2018고단520
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a passenger car in BAD.

On January 26, 2018, the Defendant, while under the influence of alcohol 00:40% in blood, driven a car with the above 0.132% alcohol concentration in the above east-do, and driven a two-lane road along the two-lanes in the direction of green acid in front of the D cafeteria located in Gangseo-gu Busan Metropolitan City, the Defendant was at night, and there was a vehicle parked in the atmosphere with a signal signal at the front 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 duty of care to reduce and drive the speed safely.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving the Defendant E (V, 27 years of age) while stopping in the front-round red signal signal stop due to negligence.

The back part of the F-learning Passenger Vehicle was set up as the front part of the F-learning Passenger Vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as acute climatic salt, which requires approximately three weeks of medical treatment due to occupational negligence as above.

2. The Defendant, while under the influence of alcohol concentration of 0.132% among the blood transfusions at the time of the above day, was driving a 4 km of approximately two kilometers from the front day of the Seocho-gu cafeteria, Changwon-gu, Changwon-si to the front day of the D cafeteria located in Busan Gangseo-gu, Busan Gangseo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiries about the results of regulating drinking driving;

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

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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