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(영문) 울산지방법원 2019.10.17 2019고단2572

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On May 5, 2019, the Defendant driven the above vehicle at around 05:40, while driving it, led to a speed of about 140km in speed, depending on the two-lane between the two-lanes from C to the flow distance.

Since there is a limited speed of 70 km per hour, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to do so and was negligent in driving at the same speed exceeding 70 km per hour while driving at the same lane, and received the rear side of the victim D(55 years old) E 7 car from the same lane as the front side of the Defendant’s car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in light of the cirratty that requires treatment for about three weeks, and suffered injury to the victim F (23 years of age) who was on board the said A-Wurd-Wurd-Wurd-Wurl-Wurd-Wurt-Wurged-Wurd-Wurd-Wurd-Wurg

2. Around 05:40 on May 5, 2019, the Defendant driven a vehicle with blood alcohol concentration of at least 0.126% in a section of about 10km from the roads near H amusement room located in Ulsan-gu, Ulsan-gu, Ulsan-do to the boundary of the lower limit on the road of the H amusement room located in Ulsan-gu, Ulsan-gu, Seoul-do, to the extent that he was under the influence of alcohol level of at least 0.126%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. On-site photographs, booms of vehicles, and closures;

1. Response to a request for traffic accident analysis;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

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

1. Criminal facts;