(영문) 부산지방법원 서부지원 2019.02.19 2018고단1563 (1)

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Reasons

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줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2019.02.19 2018고단1563 (1)

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 a vehicle BM5 vehicle;

On December 8, 2017, the Defendant was under the influence of 01:50% of blood alcohol concentration of 0.109%, and the Defendant was under the influence of alcohol in Busan Northern-gu C along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane.

At the time, there is a night and a lot of signals and crosswalks installed so that people can pass at night, so the driver of the vehicle has a duty of care to reduce speed and prevent the accident by properly examining the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and found the victim E(the age of 45) and the victim F(the age of 48) to be the left side of the road traffic signal from the right side of the running direction by negligence, when he neglected to neglect the influence of alcohol, and found the victim E(the age of 45) and the victim F(the age of 48) to be the top side of the victim's left side, and the victim E(the victim E) going beyond the front side to the front wheels of the said vehicle, followed by the subsequent H Mysta car of G driving to go ahead of the victim E(the next Ha).

Ultimately, the Defendant, through occupational negligence above, suffered injury to victim F, such as a pelf, which requires approximately 8 weeks of medical treatment, and at the same time, suffered injury to victim E due to the unstable return of pelf, which requires approximately 14 weeks of medical treatment, and the permanent gross injury caused by the euf fever.

2. The Defendant violated the Road Traffic Act (driving) at the same time, at the same place, driven BM5 vehicles from the front side of the public parking lot located in Seocheon-dong, Busan Metropolitan City to the front side of the D pharmacy located in the same Gu C, under the influence of alcohol concentration of approximately 0.109% from the 1km section to the front side of the D pharmacy located in the same Gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the traffic accident situation of E, and I written statement;

1. The report on traffic accidents (the actual survey report);

참조조문

-교통사고처리 특례법

-도로교통법

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