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(영문) 울산지방법원 2014.02.06 2013고단3636

교통사고처리특례법위반

Text

Defendant

A shall be punished by imprisonment without prison labor for eight months and by imprisonment for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of E-E-Wurd Automobiles, and Defendant B is a person who is engaged in driving of F-W-type taxi.

1. On April 11, 2013, at around 23:07, Defendant A, driving the said A-to-purd motor vehicle and driving it along one lane from the 3-lane to the Hanmam Center, one of the three-lanes located in the west-gu, Ulsan-gu, Ulsan-do, the front direction of the 108-lane apartment road located in the front direction of Ulsan-gu, Ulsan-do. Defendant A, who is negligent in neglecting the front direction while driving it at a speed of 103 kilometers per hour exceeding the speed of 43 kilometers per hour from the speed of the restriction at a speed of 60 kilometers per hour, while neglecting the speed of the front direction.

More than one lane, the part of the victim G (Nam, 24 years old)'s right shoulder, etc., which was written in one lane, was taken into the right shoulder part of the driver's car.

As a result, the defendant suffered from the above occupational negligence requiring approximately 12 weeks of treatment.

2. Defendant B, while under the influence of alcohol level of 0.095% on the same day, driven a taxi for business use in the above body while under the influence of alcohol level of 0.08, and proceeded in the above location following the above A, due to the negligence of neglecting the Jeonju City due to the state of drinking, Defendant B taken the part of the above victim’s distribution, etc., which was used in one lane due to the above vehicle A, with the left wheels of the abovero-si.

As a result, the defendant suffered approximately eight weeks of medical treatment by occupational negligence, such as cage cages, etc.

Summary of Evidence

1. Defendants’ legal statement

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

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

1. Defendant A of relevant criminal facts: Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Defendant B of imprisonment without prison labor: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act