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(영문) 울산지방법원 2018.08.31 2018고단1478

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 DNA Lone Star vehicle.

On April 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol at around 20:20, while driving it, and proceeded with a road that is not divided into a lane of 137 in Ulsan-gun, Ulsan-gun, the discharge pipe, at the port of Ulsan-gun, with a speed of about 20km from Samsung SDI to SDI, at a speed of about 10km.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation of the operation system and the steering gear.

Nevertheless, due to the negligence of being negligent in driving the above road while under the influence of alcohol, Defendant E (34) was driven by the victim E (34 ) who was proceeding the above road to Samsung TDR on the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said Lone Starting Vehicle under the influence of alcohol level of about 0.108% from the 1km section to the road located in Samsung SDI’s front road located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, and the road located in 137 on the same day as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to criminal facts, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor).