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(영문) 울산지방법원 2016.09.20 2016고단2240

교통사고처리특례법위반(치상)등

Text

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 April 16, 2007, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court to a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act (drinking) at the same court on November 15, 2010, and a fine of KRW 3 million as an identical crime.

On June 22, 2016, the Defendant driven C-string trucks under the influence of alcohol leveling of about 0.152% from the 3km section to the pre-road of the Seoul Special Metropolitan City Culture Center located in Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, where the Defendant was under the influence of alcohol leveling from around 17:45 to the pre-road of the Seoul Special Metropolitan City Culture Center.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive an above truck at a speed specified in paragraph (1) at a speed of about 60km per hour from the jurisdiction of the Gu among the roads front of the Seoul Metropolitan Culture Center in Ulsan-gu, Ulsan-gu, Seoul-gu, along with one lane towards its development.

At the time, the surface was sleeped due to the decline of the car, and the victim D (n, 56 years old) prior to the same direction followed the E-benz car driven by the driver of the vehicle, and therefore, the driver of the vehicle has a duty of care to secure and proceed with the safety distance that can be avoided when the car stops due to the well-being of the situation.

Nevertheless, the Defendant neglected to stop the said car under the influence of alcohol and was negligent in proceeding at the same speed while continuing to stop the said car at the same speed, and received the part of the Defendant’s front trucker behind the said car.

Ultimately, the Defendant caused the victim D and the victim F (n, 49 years of age) who was accompanied by the said car due to the foregoing occupational negligence to suffer injury, such as extreme spacul in the trend that requires approximately three weeks of medical treatment.

Summary of Evidence

1. The defendant's person;