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(영문) 울산지방법원 2014.09.18 2014고단1443

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving of a three-dimensional motor vehicle.

On March 1, 2014, at around 06:25, the Defendant driven the said car with a blood alcohol concentration of 0.148% under the influence of alcohol without obtaining a driver’s license on March 1, 2014, and led it to a modern keeping apartment protection area from the defensive Modernization of Ulsan-dong.

At night, the above road is a one-lane road where the bus stops in the front section. In this case, the driver of the motor vehicle has a duty of care to check whether the bus stops in the bus stops well and to drive it.

Nevertheless, as long as the Defendant neglected to perform his duty at all times while under the influence of alcohol and neglected to do so, the Defendant was negligent in neglecting his duty at the front section of the Defendant at the bus stop for passengers getting on and off the bus at the bus stop. The back of the E bus driven by D (Nam, 52 years old) was driven by the Defendant’s driver.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., by negligence on the part of the Defendant, to the victim F (F, South and 60 years old), who was on board the bus, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to F, 1 and D;

1. A traffic accident report;

1. The driver's license ledger and the next registered inquiry;

1. On-going statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to medical certificates and diagnostic certificates;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the same Act concerning facts constituting an offense;

1. The crimes of violation of each of the Road Traffic Act due to drinking and driving without a license under Articles 40 and 50 of the Criminal Code, of each of the ordinary concurrent crimes.