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(영문) 울산지방법원 2016.05.31 2016고단1136

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. On June 24, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on the grounds of a violation of the Road Traffic Act, and on October 30, 2014, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On March 19, 2016, the Defendant was punished two times or more as a crime of violating the Road Traffic Act (drinking) by driving a vehicle with alcohol content from approximately 5km section from the front side of a tree breath in Ulsan-gu, Ulsan-gu, Ulsan-gu to the long distance between Dongcheon-gu, Ulsan-gu, Ulsan-do, and driving a vehicle under the influence of alcohol again under the influence of alcohol.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said car at the time and time set forth in paragraph 1 and driving the road of four-lane each other in the West-gu, Ulsan-gu, Ulsan-do along the two-lanes from the port side of modern apartment to the port side of the port side.

At the time, there was a duty of care to prevent accidents by safely driving a motor vehicle in accordance with the new code, because it was at night and at the same time a signal, etc. was installed.

Nevertheless, the Defendant neglected to do so and got a 130-car driving by the victim C(26) who was proceeding on the right side of the Defendant’s front side with the right side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Each photograph;

1. A report on detection of the driver at the main place and a report on the situation of the driver at the main place of business;

1. Making teas;

1. A medical certificate;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The Road Traffic Act applicable to criminal facts;