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(영문) 울산지방법원 2016.08.26 2016고단1815

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment with prison labor for up to 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 violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle in B SPP.

On June 1, 2016, the Defendant, while under the influence of alcohol around 23:40 on June 1, 2016, proceeded at a speed of about 20 km from the west-gu to the world at a speed of about 20 km from the west-gu to the west-gu.

At the time, the road at night and its location is a one-lane road from which no lane exists, and other automobiles in the opposite direction of the defendant were parked in the opposite direction. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle in a safe way, such as living the front door well and accurately operating the brake system.

Nevertheless, the Defendant neglected this and went from the world on the mathy side of the world by negligence of driving a drinking while drinking, and was driven by the victim E (n, 48 years old) (n, 48 years old) who was stopped at the front side of the Defendant, and was driven by the FSpo-type car driving in the front side of the FSpo-type car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately three weeks of medical treatment due to the above occupational negligence, and saved bed and saved bed.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a BS-type car under the influence of alcohol with approximately 00 meters alcohol concentration of approximately 0.179% from the front of the “Dongdong apartment” road located in Ulsan-gu, Ulsan-gu, Seoul-do, to the front of the said “D pharmacy” road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes in the protocol of statements made by prosecutors to the prosecution;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 268 of the Criminal Act (the point of causing bodily injury due to occupational negligence, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.