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(영문) 울산지방법원 2017.08.10 2017고단1937

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than five 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car with B low-priced other car.

On April 17, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.122% during blood transfusion around 23:50 on April 17, 2017, and continued to drive the said vehicle at the speed of 70km per hour from the long distance from the distance from the present village to the long distance from the south-gu, Ulsan-si, Seoul.

At the time, since it is at night, there was a duty of care to prevent accidents, such as thorough operation of a motor vehicle driving service with a clear mind, and accurate operation of steering and brakes, etc.

Nevertheless, the Defendant neglected this while under the influence of alcohol and failed to accurately operate the operation of the brake system in the former while under the influence of alcohol, and received the part of the Defendant’s driver’s vehicle behind the victim’s Da (In this case, 48 years old) E in the same lane, which was driven on the same lane in the preceding bank, as the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the above victim D, such as brain salvy in need of approximately two weeks of medical treatment, and each victim F, who is the flurged vehicle of the above flurged vehicle, suffered injury to the flure of the bones of wood and the bones of the bones requiring approximately two weeks of medical treatment.

2. On April 17, 2017, the Defendant: (a) driven a two-way car with alcohol content of at least 0.122% while under the influence of alcohol from the 4km section from the 52km-gu University of Ulsan-si to the front road located in the same Gu from around 1:50 on April 17, 2017 to the 4km-gu university; (b) the Defendant driven a two-way car with alcohol content of at least 0.122%.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Written statements of D;

1. An accident scene photograph;

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

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts