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(영문) 울산지방법원 2018.02.06 2017고단4542

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 6, 2017, the Defendant driven the above car at around 23:00, and driven it on the side of 131 m37 m37 m, Namsan-gu, Ulsan-gu, Ulsan-do, the front side of the 37 m37 m33m, from the north-gu, Ulsan-do.

Since there is a narrow house, which is a side road, and the passage of a vehicle parked on both sides of the road is somewhat difficult, the driver of the vehicle has a duty of care to prevent the accident by closely manipulating the front-way and accurately manipulating the steering and steering system in a clear mental state.

Nevertheless, the Defendant neglected to do so and neglected to do so while under the influence of alcohol, and failed to accurately operate the steering and steering gear, and received the part prior to the driving seat of the victim C(43 cc) driving, which was proceeding in the opposite part, in the front part of the driver’s seat of the driver’s car.

As a result, the Defendant suffered from the injury of fluoral salt, which requires approximately two weeks of medical treatment, to the victim by negligence on the part of the above business.

2. On November 6, 2017, the Defendant: (a) driven a B-hand car with alcohol content of about 300 meters at approximately 0.180% while under the influence of alcohol at around 0.180%, from the front of the Nam-gu, Ulsan-ro, Busan-ro, 131 to the front of the 37 Samsan-dong community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. A traffic accident occurrence report, a survey report on actual condition, a field photo, a report on the detection of the driver of the primary driving, and a statement on the circumstances of the driver of the primary driving;

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

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