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(영문) 부산지방법원 2017.11.01 2017고단4555
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. On September 21, 2006 and November 3, 2009, the Defendant is a person who has been issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Busan District Court on September 21, 2006, with the experience of driving under the influence of two or more times or more.

On August 5, 2017, at around 16:50, the Defendant driven a Category D truck with approximately 3km alcohol concentration of about 0.169% while under the influence of alcohol at around 0.169%, from the road front of CUo cell to the road front of the C hotel located in Ssi-si B.

2. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving of the above-mentioned and third cargo vehicle;

On August 5, 2017, the Defendant driven the above cargo vehicle while under the influence of alcohol, as described in the preceding port around 16:15, and continued the front of the hotel C, which is located in B, with the structure from the gate to the gate.

In such cases, as a driver, the driver has a duty of care to maintain sufficient safety distance so that the vehicle ahead of it in the same direction does not conflict when the vehicle stops suddenly and safely.

Nevertheless, the Defendant, while under the influence of alcohol, she was driven by the victim E (38 tax) who stops in front of mastal due to negligence while neglecting this, she was driving the Fk5 car as part of the back part of the Defendant’s cargo vehicle. Accordingly, the said k5 passenger vehicle was pushed forward in the future, and thus, she got the back part of the victim G (56 tax) said Habz car parked in front.

Defendant 1 suffered injury to the victim I (the age of 36) who was on the part of the victim E and his own vehicle by occupational negligence as above, such as salt, tension, etc., in need of approximately two weeks of treatment, and the victim J (the age of 54) who was on the part of the victim G and his vehicle, respectively, for about three weeks of treatment.

Summary of Evidence

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