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(영문) 울산지방법원 2015.11.25 2015고단1999

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 B Kaman Passenger Car.

On June 11, 2015, while the Defendant was under the influence of alcohol of 00:40% of blood alcohol concentration, the Defendant was driving the said vehicle from the Do in front of the Namsan-dong office located in Ulsan-gu, Ulsan-gu, Busan-do, and was under the influence of 0.117%, and was under the influence of the Defendant’s driving of the said vehicle from the Do in front of the office located in Ulsan-gu, Ulsan-gu, Busan-do, the Do in front of the studio-gu, Ulsan-dong, Samsan-dong, the Defendant was under the influence of the part of the victim C (26 years old) who was on the right side of the Defendant’s driving on the right side of the vehicle that

Ultimately, the Defendant suffered injury to the victim, such as the closure of the body body frame, which requires approximately 12 weeks of care due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of each traffic accident, a survey report on actual condition, and a photograph of the accident site;

1. Statement, including a written report on accident from an employer to an employer, and a statement on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accidents in the category 1 (the injury of traffic accidents) (the person subject to special mitigation] of the basic area (the person subject to special mitigation] / In a case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the decision of sentence] / In a case where a person was sentenced to a fine twice due to drinking driving in 202, but was sentenced to a fine twice due to drinking driving in 202, the crime is heavy in that he causes heavy injury.

On the other hand, the confession of crimes and the punishment of the defendant is made by agreement with the victim.