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(영문) 울산지방법원 2014.01.17 2013고단3741

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of BPP wing car.

On October 7, 2013, the Defendant, without obtaining a driver's license at around 22:10, changed the two-lane to a two-lane while driving the said vehicle under the influence of alcohol of 0.125%, and driving the 14.8km away from the Busan Metropolitan Area to the Busan Metropolitan Area, the 14.8km away from the Busan Metropolitan Area to the 70km away from the Busan Metropolitan Area.

At the time, the vehicle was in the night and in the front door, so in such a case, the defendant engaged in driving service had a duty of care to care in advance to prevent the accident by changing the vehicle line while living well in the front door while looking at the other vehicles' attitudes in the front door.

Nevertheless, the Defendant neglected this and proceeded to change the vehicle line without examining it well, and did not discover the DM3 car driven by the injured party C (Y, 49 years old) prior to the same direction, and received a backlight of the above SM3 car from the front of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered from the victim E (the 49 years old) by negligence in the above business, for two weeks of medical treatment, such as crypum dump base and tension, and the victim E (the 49 years old) who was accompanied by the said SM3 car, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Written estimate;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3(1), the proviso of Article 3(2)7 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, Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts.