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(영문) 울산지방법원 2014.12.04 2014고단3015

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 17, 201, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 17, 201, and a summary order of 1.5 million won of a fine at the Ulsan District Court on August 22, 2013 as a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 2, 2014, at around 03:18, the Defendant, while under the influence of alcohol at 0.11% of blood alcohol concentration, driven a D-to-pur-car and proceeded along two lanes in front of the F. E in Ulsan-gun, Ulsan-gun, along the Gu consul-distance distance from the port of Ulsan-gun. When the Defendant neglected to remove waste from the two-lane above, the Defendant received the back portion of the G operator’s freight vehicle for the removal of H waste, which was temporarily stopped, in order to remove waste from the two-lane above, due to negligence when he neglected to do so.

In conclusion, the Defendant caused the death of the victim I (the age of 25) who was accompanied by the Defendant’s driver’s vehicle due to the above occupational negligence at K Hospital located in Ulsan-gu J at around 05:01 on the same day from the treatment to the low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G or L;

1. A traffic accident report, traffic accident report (1 and 2), on-site photograph, and on-site photograph;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, inquiry into the results of the control of drinking driving, and the ledger of use of a drinking measuring instrument;

1. A report on the occurrence of, and suggestion on, a death certificate, a photograph of a person who has suffered a change in a traffic accident;

1. Investigation report (referring to the attachment, etc. of video CDs with respect to the official application of the Radmark mark), results of handling defense accidents, and suggestion for direction;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports (a copy of summary orders concerning the same kind of criminal records), and copies of summary orders;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 and Article 44 of the Road Traffic Act.