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(영문) 울산지방법원 2018.11.09 2018고단2270

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four 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. The defendant is a person who is engaged in driving of CPoter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 11, 2018, the Defendant driven the above vehicle on the 13:13rd day of Jun. 11, 2018, and proceeded on the three-lane road prior to the order of the KCC Switzerland Scurg Down-dong, Ulsan-gu, Ulsan-gu, with a speed of about 40km from the north-gu Home Purg, to the intersection of the West-dong.

Since the passage of vehicles is frequent, in such a case, the driver of the vehicle has a duty of care to prevent accidents, such as making a person engaged in the driving of the vehicle a good living of the front traffic situation, accurately operating the steering and brake system, etc. in a clear mind.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol, and did not accurately operate the brake system, and did so, the Defendant was negligent in driving the brake at the bend to the front of the driver’s car, and the part behind the victim D(W, 37 years old), who was standing in the signal atmosphere from the bend to the signal atmosphere, was left to the front of the driver’s car.

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

2. On June 11, 2018, the Defendant driven C Poter truck under the influence of alcohol concentration of about 0.073% in a section of about 7km from the 7km to the intersection of the West-gu, Ulsan-gu, U.S., Ulsan-do, under the influence of alcohol at around 13:13, Jun. 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.