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(영문) 부산지방법원 2015.08.26 2015고단1310
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle with C low-speed.

On January 30, 2015, at around 02:04, the Defendant driven the said car with a blood alcohol concentration of 0.11% 0.11%, and led to a two-lane road in front of the modern chemical station located in the Jung-gu Busan Metropolitan City, Jung-gu, to proceed at a speed of about 40km per hour in the front of the modern chemical station located in the Jung-gu, Busan Metropolitan City.

At the time, there are crosswalks where signal lights are installed at night, and in such a case, there was a duty of care to reduce the speed to those engaged in driving duties and to prevent accidents in advance by safely driving on the right and the right and the right at the front.

Nevertheless, while the Defendant is under the influence of alcohol and proceeds from driving the above crosswalk as it is, the Defendant got the victim into the front door part of the victim D (the age of 53) which was a right-hand side from the left-hand side of the Defendant’s driving direction, and had the victim go beyond the floor.

Ultimately, around February 6, 2015, around 08:23, the Defendant caused the death of the victim due to the occupational negligence at Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu.

2. Around 02:00 on January 30, 2015, the Defendant driven a C low-speed car with a blood alcohol content of about 0.111% in a section of about 200 meters from the roads near an international market public parking lot located in Jung-gu, Busan to the places specified in paragraph (1) of the same day.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with C low-speed car.

No owner of an automobile shall operate any automobile on the road which is not covered by the mandatory insurance.

Nevertheless, the defendant does not have mandatory insurance at the time and place mentioned in paragraph (1).

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