beta
(영문) 울산지방법원 2016.09.07 2016고단2365

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B B B B BB125.

On June 30, 2016, the Defendant, while under the influence of alcohol 0.195% of blood alcohol concentration, driven the above Oral Sea, and proceeded with the two-lane road in front of the Agricultural Cooperatives, which is 346, U.S., Ulsan-gu, Ulsan-gu, U.S., one-lane from the half-gu distance to the academic intersection.

At the time, a person engaged in driving service has a duty of care to secure and proceed safety distance that can be avoided by properly examining the situation of the vehicle that is driven ahead of the same direction at night.

Nevertheless, the Defendant was negligent in driving a vehicle in the vicinity of the Defendant by neglecting this, and the part behind the victim Da K5-si driving who was standing in the signal atmosphere while driving a vehicle in front of the Defendant's Y5-si was faced with the front part of the above Obama.

As a result, the Defendant suffered injury to the victim, such as drillings, chills, and tensions, which require approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of the medical certificate, each photographic statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, on which a sentence is selected, and imprisonment for a violation of the said Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Taking into account the fact that human and material damage has been realized due to the drunk driving under Article 62(1) of the Criminal Act, that there was a history of punishment once due to the drunk driving before, and that the drinking water is 0.195%.