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(영문) 울산지방법원 2017.11.22 2017고단2822

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving the B-learning passenger car.

On July 22, 2017, the Defendant driven the above vehicle while under the influence of 0.124% alcohol during blood alcohol during the influence of around 11:35, and driven the road of 3-lane 436 in front of the Ulsan-gu Seo-ro, Ulsan-ro, Ulsan-do, about a speed of 40 km from the military office distance to the industrial rogate.

Since there are frequent traffic of vehicles, the driver has a duty of care to prevent accidents, such as closely stringing the front, operating the steering and steering devices accurately, maintaining the safety distance between the front and the front, etc., in a clear mind.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and did not accurately operate the steering and steering system, and did so, the Defendant got off the victim C(S. 41 years old)'s driving DK7 car, which was stopped in accordance with yellow flusing signals, and flusent part of the Defendant's driving vehicle in front of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part in need of approximately two weeks of medical treatment, and the pipe and tension of the part in need of medical treatment, due to the above occupational negligence.

2. On July 22, 2017, the Defendant: (a) driven a B-learning car under the influence of alcohol level of approximately 0.124% from the 106 parking lot to the front road of the school high school located in the same new Dong-dong from the 106 parking lot to the 1.5km-dong, Ulsan-gu, Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on each traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. C’s statement;

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

1. Injury resulting from the injury or injury of the superior legal assistance and the choice of punishment against the crime: