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(영문) 울산지방법원 2017.10.26 2017고단3202

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving of CPoter cargo vehicles.

On July 16, 2017, the Defendant driven the above cargo vehicle while under the influence of alcohol 0.129% in blood, and continued to drive the vehicle at a speed of about 50km per hour from the south side of the mountain region, along the two-lane crossings in front of the two-lane in Yangsan City, at the speed of about 50km from the south side of the mountain region.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in entering the intersection in contravention of the signal, caused the victim G by taking part of the driver’s seat in front of the driver’s seat of the Fpoter freight driven by the victim E, who was on the left left in accordance with normal signals from the right direction of the Defendant’s course to the left part, and taking part of the driver’s seat in front of the driver’s seat of the Fpoter freight driven by the victim E and the above E driver’s vehicle, to undergo approximately three-day medical treatment.

Ultimately, the Defendant sustained injury from the victims by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the freight vehicles as referred to in paragraph (1) while under the influence of alcohol leveling 0.129% from the 6km section from the front side of the Agricultural Cooperatives, which is in the ambling-si, Yangsan-si, Yangsan-si, to the place as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;