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(영문) 부산지방법원 동부지원 2020.06.04 2020고단157
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On May 2, 2016, the Defendant was sentenced to a fine of KRW 1 million by the Changwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

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 B high-speed car.

On March 13, 2020, the Defendant driven the above car at around 03:30 on the same day, and proceeded along three-lanes from the waterside park to the waterside area of the Singu in Busan.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to safely drive motor vehicles in a safe manner by accurately operating the steering gear and steering gear, which is well grounded on the front side and the left side and left side, and by accurately operating the steering gear.

Nevertheless, the Defendant neglected to do so and led the Defendant to drive a D'(47 years of age) in the same line of vehicle with a blood alcohol concentration of 0.101%, which was driven by the injured party C(47 years of age) who was waiting in the air under the former bank traffic, due to the negligence of driving in the same line of vehicle with the same blood alcohol concentration of 0.10%.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as fluoral salt in need of approximately three weeks’ medical treatment, and suffered injury to the fluor E (the 24-year old-age-old person) such as salt, tension, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B low-speed car in the state of alcohol alcohol concentration of about 0.101% at the section of about 2 km from the front day of the waterside park located in the Singu in Busan, Singu, to the congested intersection in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. The circumstantial statement of the employee;

1. Each traffic accident statement E and C;

1. Each written diagnosis;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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