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(영문) 울산지방법원 2018.10.30 2018고단2323

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 6, 2018, the Defendant: (a) driven a rocketing taxi belonging to BV under the influence of alcohol with approximately KRW 2km alcohol content of 0.142% from the section of the same 2km up to the monthly salary distance of the old new-dong Samsung apartment on the front of the Nam-dong Samsungdong Samsungdong, Ulsan-gu, Nam-gu, Busan-gu, Seoul-do, and the Defendant was under the influence of alcohol by 0.142%.

2. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a taxi for a small or medium-sized taxi belonging to B.

On April 6, 2018, the Defendant driven the above taxi while under the influence of alcohol, as described in paragraph 1, around 23:05, and proceeded with the 2-wing-ro-ro-ro-ro-gradro in Ulsan-gu, Ulsan-gu, with the monthly distance from the direction of viewing sand.

At the time, there are nights and a crosswalks installed, so the defendant engaged in driving of the motor vehicle has a duty of care to reduce the speed and prevent the accident by properly examining the front side.

Nevertheless, the Defendant neglected this and her negligence who frightened the center line and frighting along the station, and she shocked the bridge part of the victim C (V, 58 years old) and D (V, 59 years old) who walked adjacent to the crosswalk on the pedestrian safety, with the front part of the Defendant’s vehicle.

Defendant 1 suffered from injury to the victim C, such as the closure of the 12-day confectional body, which requires the victim C’s treatment due to such occupational negligence, and Defendant D suffered injury, such as the closure frame of the left-hand pelvis, which requires eight weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Video information on the occurrence of a traffic accident, on-site map, traffic accident report (1) and (2), traffic accident-related photographs, reports on the detection of a primary driver, circumstantial report of a primary driver, report on the situation of a primary driver, report on the situation of a primary driver, and closure of a black stuff;

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

1. Driving under the relevant Act on criminal facts: Duties under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;