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(영문) 울산지방법원 2016.11.18 2016고단3488

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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:25 September 12, 2016, the Defendant was driving a Bsprink 1.0 DHC car in the state of under the influence of alcohol with approximately 0.181% of alcohol concentration from the 1km section to the 33rd-dong, Dong-dong, Dong-dong, Ulsan-gun, Ulsan-gun, a flow-based apartment house in the middle-gu, Ulsan-gun, Ulsan-gun, to the nivem-dong 33-dong, Dong-dong, Dong-dong.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car BSP 1.0 OHC car.

The Defendant, while under the influence of alcohol as stated in Paragraph 1, driven the said car, and proceeded from the two parallels to the 33-lane of Ulsan-gun, Ulsan-gun, Seoul-do, at a speed of about 40km from the two parallels at a speed of 30km.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving service to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim C (the age of 26) who is going to the left due to the negligence in contravention of the signal while neglecting this, and was driven by the victim C (the age of 26) on the left-hand side of the car in front of the left-hand side of the car operated by the Defendant.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as salt ties and tensions in need of treatment for about three weeks, and at the same time suffered injury to the victim E (the 27 years of age) who was on board the said victim’s vehicle at the same time, such as salt ties and tensions in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person;

1. The actual survey report and on-site photographs;

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

1. Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.