beta
(영문) 울산지방법원 2018.10.10 2018고단2215

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person who is engaged in driving of a vehicle B as a partition, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 3, 2018, while under the influence of alcohol content 0.170% in blood, the Defendant driven the above test line with D sexual mix in Ulsan-gu C, Ulsan-gu, and driven about 30km in the speed of the art center from the long distance to the long distance of the art center in the direction of two lanes.

At the time, since the driver was at night and at the time, there was a duty of care to safely operate the operation by accurately operating the operation and steering gear of the driver.

Nevertheless, the Defendant neglected to do so and went slowly at the front section of the above test while driving in the front section of the above test while driving at the victim E(54) drive while stopping the vehicle, and received the back part of the vehicle in the above test as the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle in the test as described in the preceding paragraph in the section of approximately 800 meters alcohol concentration in blood from the G wedding place located in the south-gu, Ulsan-gu in the day set forth in the preceding paragraph to the G wedding and the front road, with approximately 0.170% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

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

1. Report on each traffic accident, photographs related to the traffic accident, and map on the site;

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

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person causing bodily injury or injury in the course of performing his/her duties, choice of imprisonment without prison labor), Article 148-2 of the Road Traffic Act.