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(영문) 울산지방법원 2017.11.01 2017고단2930

교통사고처리특례법위반(치상)등

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

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle with soflurged vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (unclaimed Measures after Accidents).

On July 9, 2017, the Defendant was proceeding from the direction of the police box box, at the 95 Dong-dong-ro, Yangsan-si, Yangsan-si, 3, Dong-dong, 95, Dong-dong, Dong-si, Sim-si, to the KT branch.

A person engaged in driving service shall not drive in the state of drinking, and he/she has a duty of care to drive safely by thoroughly performing the duty of full-time driving as a person engaged in driving service is on the ground that there is a parking of D New XD car owned by C, so he/she has a duty of care to drive safely.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol content of 0.130% in blood, and caused the victim to go beyond the bridge of the victim E (37 years old) who was tight XD car due to the Defendant’s failure to drive the said new car under the influence of alcohol content of 0.130%.

As a result, the Defendant, by negligence in the course of business, sustained injury to the victim, such as dump dump, tensions, etc. in need of approximately two weeks of treatment, and went away from the site without taking necessary measures, even though he did not damage the repair cost of KRW 2,411,418.

2. Around July 22, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle with a alcohol content of about 1k from the front side of the Seogho-ho, Seog-gu, Yangsan-si to the place indicated in the foregoing paragraph (1) at approximately 0.130% from the section of approximately 1km to the place indicated in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and C;

1. A survey report on actual conditions;

1. Written estimate;

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

1. Relevant legal provisions concerning facts constituting an offense, and the injury caused by a failure to perform the duty of selecting a punishment: An accident under Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, shall be