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(영문) 울산지방법원 2018.11.09 2018고단2435

교통사고처리특례법위반(치상)등

Text

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 violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car to be involved in the C options.

On August 11, 2018, the Defendant driven the above car at a low speed on August 14:50, 2018, and driven the intersection in front of Ulsan-gun, Ulsan-do, Ulsan-do, at a low speed.

There are no signals, and in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle, such as checking the front, rear, and left and right of the vehicle in a clear mind, accurately manipulating the steering gear, temporarily stopping the vehicle before and after the entry into the intersection, and checking whether there is a vehicle, etc. to cross the intersection.

Nevertheless, the Defendant neglected this and proceeded without examining the right and the right and the right while under the influence of alcohol, and by negligence, proceeded from the south of the maduk-ro to the 2nd market in the mad new market. The Defendant was placed in front of the left-hand side of the Flearning car of the victim E (e.g., 53 years old), and the remaining parts were followed by the front-hand part of the Defendant driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On August 11, 2018, the Defendant driven a car under the influence of alcohol leveling 0.116% from the 200-meter section to the 3-lane 5-way road in the same Eup/Myeon located in Ulsan-gun, Ulsan-gun, Ulsan-do, Seoul-do, to the 3-lane 5-way road in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;