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(영문) 울산지방법원 2017.03.16 2017고단430

교통사고처리특례법위반(치상)등

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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

The Defendant is a person engaged in driving a rocketing car.

1. On November 19, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.128% without obtaining a driver’s license, in a section of approximately 1.5km from the industrial tower near the south-gu New-dong, Ulsan-gu, Seoul-do, to the front road of the military office distance of about 376 meters in the same gate, while driving the said vehicle under the influence of alcohol content of 0.128% without obtaining a driver’s license.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to proceed with a road in front of the military office distance of 376, Ulsan-gu, Chungcheongnam-gu, Seoul-gu, Seoul-do, about a speed of about 30km from the edge of the industrial tower to the shooting distance of the court's office of prosecutor's office.

At the time of the defendant's frontline, the victim C driver's DNA car was stopped in the signal atmosphere. In such a case, there was a duty of care to prevent accidents in advance by properly manipulating the front door and operating the steering system and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected his duty at the front time while neglecting his duty, and was negligent in proceeding as it is, the Defendant received the part of the front part of the said rocketing passenger car, following the said rocketing passenger car.

As a result, the Defendant suffered from an injury to the victim with a scarcity in the past, which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Application of the medical certificate, each photographic statute;

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), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of choice of punishment;