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(영문) 울산지방법원 2016.07.22 2016고단1700

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2016, the Defendant driven a B-car under the influence of alcohol concentration of 0.147% during blood transfusion around 18:09, and proceeded along the two-lanes between the two-lanes of the amb and the amb and the amb.

At the time, there is an intersection with signal apparatus installed in the direction of the defendant, so in such cases, the driver of the motor vehicle has a duty of care to check the condition of the signal apparatus at the intersection and the signal waiting vehicle, and to maintain a sufficient distance from the front vehicle and stop.

Nevertheless, the Defendant neglected to do so and proceeded without properly examining the front door, and neglected to take part in the back part of the FF car of the victim E (56) driving, which was parked in the front door for signal waiting in the front door, received as the front part of the Defendant’s car.

After all, the defendant's occupational negligence, victim E and F car's G (W, 50 years old), victim H (W, 20 years old), and I (16 years old) suffered from each of about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Injury resulting from occupational negligence in relation to the relevant criminal facts: Article 3 (1), proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a crime against victims E of the largest crime between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents and punishment for a crime committed against victims E of the largest crime);

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating the Road Traffic Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Article 50) of the Criminal Code of the Aggravated Punishment for Concurrent Crimes is more severe for victims E.