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(영문) 울산지방법원 2017.11.22 2017고단3341

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car of the B CV car.

On July 18, 2017, the Defendant driven the said car under the influence of alcohol level of 0.130% from blood alcohol level around 11:05, and led to moving the said car to the direction of the erroneous distance from the direction of the Ggsan-gu C, Ulsan-gu, and its neighboring roads.

In this case, a person engaged in driving service has a duty of care to safely drive a motor vehicle without breaking the center line by accurately operating the steering direction and brake system.

Nevertheless, as above, the defendant was negligent by neglecting the operation of steering gear at the center of the road subject to Gohap because he was unable to properly operate the steering gear in the state of alcohol and affected the center line of the road subject to Gohap bypassing it at the direction of the road along the defendant's joint road, and the FSP car driver's left-hand panion part of the victim E (the 50-year-old driver) who was under the influence of the U.S. driver's vehicle in front of the left-hand panion on the left-hand part of the defendant's vehicle.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence, by causing the said victim to suffer injury.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B-V car under the influence of alcohol level of 0.130% in blood at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and the injury caused by a failure to perform the duty of selecting a punishment: Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 2, and Article 50 of the Criminal Act (a sentence of imprisonment without prison labor) for the aggravation of concurrent crimes;