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(영문) 울산지방법원 2017.06.27 2017고단168

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

【Power of crime】 On December 18, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on December 18, 2012, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on April 29, 2014.

【Criminal Defendant is a person who is engaged in driving of B Poter Cargo Vehicles.】

On January 5, 2017, the Defendant driven the above cargo while under the influence of alcohol of 0.148% during blood transfusion 0.13:00, and continued to run approximately 50 km as soon as possible from the surface of the Dong River Hospital located in Ulsan-gu, Ulsan-gu, along the two-lanes of the “D cafeteria” in the front of the “D cafeteria.”

At the time, the lower surface was milched and there was an intersection installed with signal apparatus at the front direction, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a vehicle waiting for the signal by checking the signal well, and to safely proceed by maintaining the safety distance.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding under the influence of alcohol and driving by the victim E (23) who was in the atmosphere of signaling in the front bank.

F. A victim G (52 tax) with the back part of the Fststya car being driven by the Defendant and the front part of the Fstya car having been driven by the Defendant, and due to its shock, the said rocketing car was pushed in the future, and was waiting in the front line to the signal in the front line.

H Launaly, part of the back part of the other car was received in order.

Defendant 1 suffered from the above occupational negligence on the part of the victim E such as cerebral sugars requiring approximately three weeks of medical treatment, and on the part of the victim I (the 22 years old), the victim I (the 22 years old), who was on board the top of the above rocketing car, requiring approximately two weeks of medical treatment, and on the part of the left side of the victim G requiring approximately two weeks of medical treatment.

Accordingly, the defendant is entitled to Article 44 (1) of the Road Traffic Act at least twice.