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(영문) 울산지방법원 2014.11.06 2014고단2710

교통사고처리특례법위반등

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 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 driving a B-Wood vehicle.

1. On June 20, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said car while under the influence of alcohol by 0.122%; (b) driven the same west-gu New East-gu, Ulsan-gu; (c) driven the two-lane of the four-lane of the industrial tower from the surface of the water market to the industrial tower gate; and (d) neglected to perform the duty at the front time of the vehicle, by negligence in the course of duty, caused the C driver’s D car who stops in front of the vehicle in front of the vehicle and stops in the signal signal atmosphere to the front time of the vehicle; (c) driven the said car in front of the vehicle; (d) driven by the victim E (the 43 years old) driving of the victim E (the 520-year old) who stopped at the front time to the front time; and (d) led the victim to an injury to the G 4 years old and the 520-day driver’s vehicle to the front front time.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.122% from the section of approximately 1 kilometer from the road near the sound market in the south-gu, Ulsan-gu to the Eastwest-dong located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Statement on the circumstances of a drinking driver, report on detection of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;