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(영문) 부산지방법원 2013.09.24 2013고단2157
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in the operation of Bsch Rexroth.

At around 13:00 on January 23, 2013, the Defendant driven the above van, which led to the two-lane road in front of the international food, which is located in the Seosadong-gu Busan Metropolitan City, along two-lanes, to the speed of about 20km from the Masae Sports Park to the Masadong.

At this point, there was an intersection where signal lights are installed, so the driver had a duty of care to safely operate the steering system and steering the steering system by accurately operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care as seen above and proceeded with the victim C(the age of 26) who was under a stop signal prior to the running direction, brought the driver behind the DNA car and brought the driver to the front end of the said car.

At the same time, the Defendant suffered satisf, etc. of the bones, which requires medical treatment for about three weeks, due to such occupational negligence, and at the same time damaged the said car to the extent that 3,059,723 won, such as the replacement of the said car and the replacement of the driver.

2. The Defendant driven a drinking-free and unlicensed-free vehicle, as described in paragraph (1), while under the influence of alcohol 0.182% without a car driver’s license, at approximately seven km section from the front of a restaurant in which it is impossible to identify the trade name in the Busan Spo-gu, Busan, and the place indicated in paragraph (1) to the place indicated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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