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(영문) 울산지방법원 2015.10.15 2015고단2149

교통사고처리특례법위반등

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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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are those who are engaged in the driver's service of cutting off B 1 ton cargo vehicles.

On August 20, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.121% in blood alcohol concentration around 10:05, and driven the intersection of the three distance in front of the Korea National Oil Corporation in Ulsan-gun, Ulsan-do, Ulsan-do, U.S., Ulsan-do, the Korea National Oil Corporation turned into the two-lanes of the two-lanes of the two-lanes of the west-do office of the Busan-do, U.

At the time, the vehicle traffic volume is large, and the above place is an intersection where signal apparatus is installed. In this case, the driver of the vehicle has a duty of care to ensure safety distance when the vehicle stops in accordance with the new subparagraph, while the driver of the vehicle has a duty of care to ensure safety distance.

Nevertheless, the Defendant, while under the influence of alcohol as above, neglected to do so, was negligent in driving the part of the back part of the DNA winds car operated by the victim C (V, 46 years old) who was stopped due to the signal atmosphere at the vehicle running by the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately two weeks of medical treatment, and damaged the said car to cover KRW 4,286,456 of the repairing cost.

2. The Defendant violates the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act is the owner of BPoter 1 ton cargo vehicles.

The Defendant driven the said vehicle without having to purchase a mandatory insurance policy at approximately 0.121% under the influence of alcohol concentration at approximately 10km from the Do in front of the substation-dong Power Station, Nam-gu, Ulsan-gu, Ulsan-gu, and the place described in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph of the accident site;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. A written diagnosis and a written estimate;