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(영문) 울산지방법원 2016.09.22 2016고단2849

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor vehicle of 0.144% 0.14% around 18:43, while driving the motor vehicle of nurb B, Ulsan-gu, Ulsan-do, with the speed of about 40km from the apartment on the side of the requesting apartment to the east-do.

On the front of the defendant, since the victim C(W, 50 years old) driving's low-priced automobiles were in the atmosphere for signal signal, there was a duty of care to operate the brake system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the operation of the operation system in advance and received the part of the victim's vehicle behind the driver's vehicle due to the negligence of not operating the operation system.

As a result, the Defendant caused the victim to suffer injury to the base and tension of the scams that require approximately two weeks of medical treatment by negligence in the course of business as above.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.144% from the Do in front of the Do in Ulsan-dong, Seocheon-dong, Seocheon-dong, Ulsan-do, Ulsan-do, Seoul-do, to the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident, on-site drug map and a report on actual condition investigation;

1. Each photograph;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the Agency for Verifying subscription to comprehensive motor vehicle insurance;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the period of two crimes is aggregated);

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;