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(영문) 부산지방법원 서부지원 2018.07.06 2018고단365
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-cruise car.

On January 22, 2018, the Defendant driven the said car under the influence of alcohol content of 0.122% among blood transfusions on January 22, 2018, and led to turn to the left from the border of Kim Sea to the intersection of the rate of 0.12% in the Geum-dong, Busan.

A person engaged in driving service has a duty of care to make a safe turn to the left by accurately manipulating the traffic conditions of the road that he/she intends to transfer or change and accurately operating the steering and steering devices.

Nevertheless, the defendant neglected this and failed to take into account the traffic condition of the road to enter, and received the street lamps installed on the right side of the Kimhae-si Road as the front part of the defendant's driver's vehicle.

The Defendant caused injury to the victim C (22) who was accompanied by the Defendant’s driver’s vehicle due to the foregoing occupational negligence, such as the closure of the bones of the bank and the bones, which requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said cruise car under the influence of alcohol with about 500 meters alcohol concentration from the 500-meter section prior to the restaurant for the State of P & P, P & P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P,

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A report on the detection of a primary driver;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the point of causing a traffic accident, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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