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(영문) 울산지방법원 2014.09.26 2014고단2143

교통사고처리특례법위반등

Text

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 driving a Bchip car owned by the Bupyeong Construction Co., Ltd.

On June 23, 2014, at around 23:52, the Defendant driven the said car while under the influence of alcohol of 0.174%, and proceeded two-lanes of the shooting distance of the culture and arts center located in the south-gu Seoul Metropolitan City, Ulsan Metropolitan City.

At the time, there is a duty of care to prevent accidents by driving safely, such as reducing the speed and observing the safety distance, etc. by safely driving a person engaged in driving in the driving service in the state that the night flows along.

Nevertheless, the Defendant, while neglecting this, breathed the victim C(the 46-year-old) driver, who was waiting for a signal at the front bank due to negligence while under the influence of alcohol, and led the Defendant to the front of the franchise-free car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt ties and tensions, on the part of the horse that requires approximately two weeks of treatment on the part of the victim C, and on the victim E (the 32-year old-age-old person) who gets aboard the said taxi, the Defendant suffered injury, such as chills and tensions, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. The actual condition survey report;

1. An accident-related photograph;

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

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 concerning criminal facts;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act among concurrent crimes shall be aggravated, and the punishment shall be imposed by imprisonment with prison labor, with prison labor;