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(영문) 울산지방법원 2020.12.04 2020고단3463

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

【Criminal Power】 On October 25, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B in the low-speed.

On July 23, 2020, the Defendant driven the said low-speed vehicle with a alcohol content of 0.175% at a drunk level of 0.175% on July 23, 2020, and driven the road of four-lanes in front of Ulsan-gu C, Ulsan-gu, along the right line from the right line to the right line. However, the Defendant was found to have been aware of the part of the victim D (the age of 44), a driver, who is driving under the right line from the right line to the left pursuant to the new subparagraph, due to occupational negligence, who did not properly look at the front line and the right line of alcohol and does not accurately operate the steering direction and operation system, and did not accurately operate the steering direction and operation system.

As a result, the Defendant suffered injury to the victim, such as cerebral finites, which did not have any two internal organs in need of medical treatment for about two weeks due to such occupational negligence, and violated the provision on the prohibition of drinking driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, on-site map of a traffic accident, report on a traffic accident, photograph of the scene of the accident, and medical certificate;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports, such as criminal records, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of statutes in one copy of the judgment;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;