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(영문) 부산지방법원 2017.04.21 2017고단1259
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

1. On November 26, 2016, the Defendant driven the said car under the influence of alcohol with approximately 700 meters alcohol concentration of about 0.076% from the front of the “cafeteria for a male on the road” located in the 5333-ro, Seoyang-do, Cheongyang-do, Cheongyang-do, Chungcheongnam-do, Cheongyang-do, Cheongyang-do, Seoul, to the front of the “D pande” road located in C.

2. On November 26, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol as described in paragraph (1) around 19:10, while driving the said car, one lane prior to the said “Dpanty” road was driven at the seat of the entrance entrance of the male seat of the Seoyang-Eup office, the said one lane of the road was driven at the seat of the marb hot spring room at the seat of the

At the time, there is a night and a situation in which no delivery is installed on the road, so in such a case, there was a duty of care to check whether a person engaged in driving service moves along the road side in good manner and check whether there is a person moving along the road.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded without examining the right side of the road side. The Defendant received the right side side side of the victim E(47 tax) who was walking on the same direction depending on the right side of the road side, and had the victim go beyond the victim. The Defendant continued to go beyond the victim's right side side of the road, and had the victim go beyond the victim's left side of the road back on the right side of the vehicle.

Ultimately, the Defendant suffered injury, such as inside the left-hand side of the victim, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions (1, 2);

1. A written operating statement under which they are placed;

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

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 3 and 44 of the same Act concerning the crime;

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