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(영문) 울산지방법원 2016.05.19 2016고단851

교통사고처리특례법위반등

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

On July 10, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court, and on December 8, 2008, a fine of KRW 1 million for a crime of violating road traffic laws was issued by the Ulsan District Court.

On March 4, 2016, the Defendant driven a Cunststam car with a alcohol level of 0.105% 0.105% during blood transfusions around 18:50 on March 4, 2016, and turned off the four-lane intersections from the side of both states to the side of the Fun apartment, which is located in the 77-lane in the water-Eup fishing at the Gyeongnam Yangsan-si, Yangnam-si.

At this point, the signal apparatus is an intersection installed and a crosswalk is installed on the front side, so in such a case, there was a duty of care to check whether a person engaged in driving service is in a way to reduce speed and to see well the right and the right and the right of the road, and to drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop the vehicle, and caused the crosswalk to be obstructed by the negligence of the bypassing the crosswalk as it is, according to the pedestrian signals, the Defendant got the victim D (V, 22 years old) to walk the crosswalk to the right side from the left side, and went beyond the ground.

Ultimately, even though the Defendant had been punished twice or more as a crime of violating the Road Traffic Act, he again driven a motor vehicle under the influence of alcohol as above, and suffered from the injury of the victim, such as fluoral salt, tension, etc., which requires medical treatment for about 20 days by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Each photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the same Act concerning criminal facts.