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(영문) 울산지방법원 2018.11.09 2018고단1959

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 a vehicle C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 20, 2018, the Defendant driven the above vehicle at around 23:01, and proceeded straightly with the 368 Samsan-ro 368 Samsan-ro, Namsan-gu, Ulsan-do, Samsan-do, the flow distance from the flow distance from Taecheon-do to the shooting distance from the sasan-do.

In this case, a driver of a motor vehicle has a duty of care to prevent any accident that causes others by accurately operating the steering direction and brakes and safely.

Nevertheless, due to negligence while under the influence of alcohol, the Defendant neglected this and proceeded with the victim D (Woo, 35 years old) who stops in the signal atmosphere from the front side of the driving direction to the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as salt of the light that requires approximately two weeks of medical treatment due to the above occupational negligence.

2. On May 20, 201, the Defendant: (a) driven a C-Pop vehicle while under the influence of alcohol content of about 0.152% from the 3km section from the front of the fact that the Defendant, on May 20, 201, driven a C-Pop vehicle in the state of under the influence of alcohol content of about 0.152% from the 3km section from the middle-gu, Ulsan-gu, U.S. to the south-gu, Ulsan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

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

1. A medical certificate;

1. Application of each statute on photographs;

1. 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 relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2(2)2 of the Road Traffic Act.