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(영문) 부산지방법원 2014.02.04 2013고단8742
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 service of BCA110.

On August 31, 2013, the Defendant, while under the influence of alcohol 03:10% of blood alcohol level, driven the above Oral camb, and led to the intersection of the same camb in front of the Gambab, Busan, to the Tamban-do from the international apartment bank.

Since this is an intersection, a driver of a motor vehicle has a duty of care not only to drive a motor vehicle, but also to drive the motor vehicle safely by checking well the front left.

Nevertheless, the Defendant neglected this and proceeded on the right side of the running direction by negligence, and received the parts that were back to the right side of the C Operation’s Drocketing taxi, which was proceeding on the right side of the running direction, as the front wheels of the Oralab.

The Defendant suffered by negligence in the course of performing the above duties the injury of fluoral dume to the victim E (V, 45 years old) who was on the fluoral taxi in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the fact that the suspension of execution is against the other party and the damaged vehicle has subscribed to the liability insurance);

1. Social service order under Article 62-2 of the Criminal Act;

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