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(영문) 부산지방법원 서부지원 2018.03.08 2017고단1795
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 a period of 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) is a person who is engaged in driving a passenger car of Crails.

On August 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.165% in blood at around 23:30 on August 14, 2017, and proceeded two-lanes in front of the Hano Samsung Samsung Motor Service Center located in Sin-gu, Busan, Sin-gu, Busan, along with the lower-line line from each other, to the lower-line distance at the lower-line.

A person engaged in driving motor vehicles has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brake system and to safely proceed with it.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left at the right side of the immediately preceding Defendant’s front side, thereby obtaining the body of the victim D(49 ) crossing the said road from the left side of the immediately preceding Defendant’s vehicle.

Defendant 1 suffered injury to the victim, including approximately six weeks of non-alleys in need of treatment due to the foregoing occupational negligence, such as the closure of the pelvis, etc.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant, while under the influence of alcohol, at approximately 0.165% of alcohol content in blood at the section of approximately 1km from the Do in front of the Daejin-do Parking Lot located at the bottom of the Busan Sin-gu, Busan at the time of the same day to the site of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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 Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 of the Criminal Act:

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