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(영문) 부산지방법원 서부지원 2020.01.30 2019고단1212
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 18, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 2 million for the same crime at the same court on June 14, 2016, respectively.

【Criminal Facts】

1. Around 07:10 on May 17, 2019, the Defendant used a 800-meter distance from a public parking lot in front of the Sindong-gu, Busan, from the street road in front of the Gundong-dong, to the road near the lower end of the Dong-dong at the same time, while under the influence of alcohol content of 0.098%, the Defendant was under the influence of alcohol.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving service of a motor vehicle B-hurd

At around 07:10 on May 17, 2019, the Defendant driven the said car while under the influence of alcohol of 0.098% with a blood alcohol concentration of 0.09%, and driven the road of four-lanes in front of the D-do located in Busan Sari-gu C along two-lanes from the Pari-dong to the Pari-dong Park.

It is an intersection with signal apparatus installed at the time of attendance, and in such a case, the driver of the vehicle has a duty of care to safely drive the front line and prevent the accident by driving it safely, such as properly operating the front line and operating the brake system.

Nevertheless, while under the influence of alcohol, the Defendant did not seem to stop a vehicle driven by the victim E in the front of the bend while neglecting this, and the Defendant received the part behind the vehicle driven by the victim, which was the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant’s occupational negligence caused the victim to receive approximately two weeks of medical treatment, such as salt and tension.

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