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(영문) 울산지방법원 2018.04.26 2018고단269

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 a rocketing car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 7, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.171% in blood around 04:00, while driving the vehicle at the influence of alcohol content of 0.171% in Ulsan Metropolitan City, the entrance intersection at the entrance of the main apartment in the south-gu, South-gu, Chungcheongnam-gu, Seoul Metropolitan City, was driven on one lane between six lanes in the direction of the Jeju apartment.

In such cases, the defendant has a duty of care to check whether a vehicle, etc., waiting to signal on the front door, and to safely drive the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and was waiting for a signal in the front bank due to negligence.

D followed up to a driver's vehicle, the victim E(44) suffered injury, such as brain-dead, which requires approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a rocketing car with approximately two kilometers from the alleyway located adjacent to the south-gu, Southern-gu, Southern-gu, Ulsan-si to the entrance intersection of the same month-dong Jeju apartment at the same time while under the influence of alcohol content 0.171% during the daily border, such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report and photograph of actual condition;

1. Notification of the results of regulating drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or each imprisonment without prison labor or imprisonment without prison labor)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant did not have the same criminal record in the last ten years, was remarkably divided after the crime, and the defendant disposed of his/her automobile, and that he/she agreed with the victim only smoothly, and the defendant's age, occupation, sex, family relationship, living environment.