(영문) 부산지방법원 서부지원 2020.01.10 2019고단1626

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(영문) 부산지방법원 서부지원 2020.01.10 2019고단1626

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a passenger car B, low-priced car.

On March 26, 2019, while under the influence of 0.109% of blood alcohol concentration, the Defendant driven a B-car on March 26, 2019, while driving the car at a 0.25% alcohol concentration, and driving the trimal malmpump breath from the front direction to the front direction of the 3-lane from the front direction of the city of Busan at an insular speed depending on three-lanes, the Defendant, under the influence of alcohol, neglected to neglect the cell phone at the front direction while under the influence of alcohol and did not properly operate the steering gear on the side of the above river, caused the victim D’s injury, such as damage to the Maternus et al. due to the treatment days due to the 1st head of the treatment day.

2. The Defendant, at the above time, driven a B low-speed car with approximately 0.109% alcohol concentration on the part of 3 km from the front of the F in Busan Sindong-gu E to the same trine-dong clocket to the point of the entry to the trine-dong clock discharge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report, an accident site report, an examination report, an investigation report, and an investigation report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to medical certificates and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Article 44(1)2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018)

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [to the extent that the punishment is added up by the maximum term of the crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents which are heavier than that of the punishment; and

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