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(영문) 부산지방법원 동부지원 2018.07.05 2018고단630
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 bicycle without a number plate 124cc. Narsen motor device.

1. On December 17, 2017, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), driving a bicycle on or around 03:45, and driving a road near the station of the Busan High School (hereinafter referred to as the “Seoul High School”) in the direction of stone on the face of the captain.

The defendant had a duty of care to safely drive a motor device by checking the right and the right and the right in operation, and to prevent accidents.

Nevertheless, the Defendant neglected this and operated the bicycle under the influence of alcohol level 0.070% without a driver’s license while driving the bicycle in the same direction, and caused damage to the victim D (the victim D (the 64 years old), who is the passenger of the said cargo vehicle, to repair the said cargo amounting to approximately KRW 504,450, by shocking the back part of the said bicycle in front of the motor device in the same direction. At the same time, the Defendant sustained injury, such as an catitis that requires approximately 2 weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were under the influence of 0.070% of alcohol level in the blood alcohol level without a bicycle driver's license on the same day, the Defendant driven the bicycle, around 5 kilometers, through the vicinity of the Seoul Yan-gun located in the Busan Hamban-gun, Busan Hamban-gun, Busan Hamban-gun to the roads under the above paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement of traffic accident occurrence status prepared by E;

1. A traffic accident report, a traffic accident occurrence report, a field photograph, a statement of the situation of the driver in charge of the primary business, an investigation report, a report on the detection of the driver in charge of the primary business, and a report on the detection of the driver in charge of the primary business;

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