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(영문) 부산지방법원 2015.05.26 2015고단1436
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On February 19, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.160% 0.160% at a speed of 50 to 70 km from the front side of the white-sea tunnel, the front side of the white-sea, Busan, the Defendant driven the said car at a speed of 0 to 70 km each hour at the speed of 50 km from the front side of the white-sea tunnel.

At the time of night, there was a duty of care to prevent accidents by accurately operating steering gear and brakes, and operating them.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle in front of the passenger car driving in the same direction as the passenger vehicle driving ahead of the Defendant’s vehicle. However, the Defendant was driven by the victim C (IS, 32 years of age).

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as fluoral salt in need of treatment for about three weeks, and the injury to the victim E (V, 55 years old), who was on a car in the above Pacc, such as fluoral salt in need of treatment for about three weeks, and the injury to the victim F (V, 26 years old), such as fluoral salt in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Each written diagnosis;

1. Statement on the circumstances of a drinking driver, inquiry into the results of the crackdown on drinking driving, and report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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