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(영문) 울산지방법원 2017.07.06 2017고단1973

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 a B K7 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 13, 2017, the Defendant moved to the right-distance distance from the side of the cross-country bus terminal, located at the intersection of the city in the south-gu, Ulsan-gu, Seoul-ro, 112-way.

At that time, a pedestrian signal is an intersection where a signal, etc. is installed and at the time a green change is made to a green, and the victim C (42) was walking along the crosswalk pursuant to this subparagraph, and thus, a person engaged in driving service has a duty of care to drive the pedestrian in the crosswalk without drinking, and to ensure that the pedestrian in the crosswalk is safe.

Nevertheless, Defendant was negligent in driving under the influence of alcohol concentration of 0.104% while neglecting the above duty of care and caused the victim’s bridge side on the left side of the said vehicle to be the front part of the said vehicle.

Defendant 1 suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

2. Defendant 1 driven the said vehicle under the influence of alcohol content of approximately 0.104% from the section of approximately 700 meters from the parking lot to the main road of the Dong-dong, Nam-gu, Ulsan-gu, Ulsan-do, Seoul-do, and then drive the said vehicle under the influence of alcohol at a level of about 700 meters from the parking lot to the main road of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. Medical certificates and photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 22) Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. The punishment of imprisonment without prison labor shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;