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(영문) 부산지방법원 2020.09.18 2020고단3120
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On July 28, 2020, the Defendant driven a Cben E350-car with a alcohol content of about 2 km from around July 28, 2020 to the bottom line under the territory of the city under the territory of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city under the jurisdiction of the city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a passenger car in Cenz E350.

On July 28, 2020, at around 23:28, the Defendant driven the benz car with a blood alcohol concentration of 0.120% and proceeded three-lanes of the four-lane road in front to the intersection of the 57-lane distance under the Young-gu, Busan, Young-gu, under the territorial line located in the 57-lane.

Since the victim D Driving E in the front line of the defendant at the time was a stop according to the vehicle stop signal, there was a duty of care to prevent accidents by accurately manipulating the front line and accurately operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so and received the part concerning the front part of the passenger car in front of the said passenger car.

Ultimately, the Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires approximately three weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, traffic accident report, weather report, circumstantial statement of the drinking driver, inquiry into the results of the drinking control, and medical certificate;

1. Article 3 (1), the proviso to 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 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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