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(영문) 울산지방법원 2017.11.30 2017고단3173

교통사고처리특례법위반(치상)등

Text

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

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a C radar car.

On August 10, 2017, the Defendant driven the above vehicle at around 16:45, and made a turn to the left at a speed of about 30 km from the river side to the length of Paris, without signal, etc. in the vicinity of the CL Building located in the BL Building in Ulsan-gu, Ulsan-do.

At the time, there was a pedestrian crossing the road on the front side of the road, so there was a duty of care to prevent accidents, such as making a thorough operation of the road in a clear mind and accurately manipulating the steering and steering gear, etc.

Nevertheless, the Defendant neglected to do so and neglected to operate the front direction and operation system while under the influence of alcohol, and did not accurately operate the steering direction and operation system, and received by negligence the right side of the victim D (W, 54 years old) who crosses the road to the right side from the left side of the bend of the said car.

In the end, the Defendant committed a variety of cages, including two cages, which require the victim to receive approximately four weeks of medical treatment in the future due to such occupational negligence.

2. Around 16:45 on August 10, 2017, the Defendant driven a radar car under the influence of alcohol content of about 0.081% in a section of about 700 meters, from the road near the effalalalton apartment site located in Ulsan-gu, Ulsan-do to the road near the CL building located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a related photograph, and a report on the results of crackdown on driving drinking, and a statement of the situation of the driver taking driving;

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

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Injury caused by occupational negligence at the option of the punishment for the crime: Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents