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(영문) 부산지방법원 2018.11.15 2018고단4099
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 (Bodily Injury) is a person who is engaged in driving a passenger car in B.

On July 16, 2018, around 05:50 on July 16, 2018, the Defendant continued to cross-section the corporate bank in front of the company bank located in the Taedo-dong of Busan Metropolitan City, from the direction of the Youngdo Police Station to the school distance.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to proceed according to the new code without being drunk.

Nevertheless, the Defendant neglected this and was negligent in proceeding under the influence of alcohol level 0.106% while under the influence of alcohol level 0.106% in the blood, and received the front part of the victim C(60) driving on the right side of the Defendant’s driving under the new code from the Defendant’s driving direction.

As a result, the Defendant suffered from the above occupational negligence that requires approximately eight weeks of medical treatment to the victim, such as a scambling of the trend.

2. While Defendant 1 was under the influence of alcohol level of 0.106% in light of the date and time stated in the above 1.1. paragraph, Defendant 2 driven B-on vehicle from the front of the U.S. dollars located in the Southern-gu Busan Metropolitan City, to the front of the corporate bank located in the Busan Young-gu, Busan Young-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on the situation of a driver in charge, a report on the detection of a driver in charge, an inquiry about the results of crackdown on drinking driving, a written statement of the occurrence of a traffic accident, a field photograph, CCTV image-shield screen, and a written statement

1. Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation of a person on duty, the choice of a person on a deposit basis), Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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