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(영문) 울산지방법원 2015.05.21 2015고단240

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around 07:50 on December 25, 2014, the Defendant driven a B rocketing car with a blood alcohol content of at least 0.133% under the influence of alcohol on a section of approximately 200 meters from the roads front of Ulsan-gu, Ulsan-gu, Ulsan-gu, Busan-do to the modern maritime history distance in the same month and Dong.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On December 25, 2014, the Defendant, while under the influence of alcohol 07:50% of the blood alcohol concentration, driven the said car, and proceeded with the modern maritime distance in the south-gu, Ulsan-gu, Ulsan-gu, by the speed from the modern department store to the industrial tower.

Since there is an intersection where a signal, etc. is installed, there was a duty of care for a person engaged in driving of a motor vehicle to live well on the right and the right of the motor vehicle and to drive the motor vehicle safely in accordance with the signals

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle progress signal to a stop signal while neglecting the fact that the vehicle progress signal is changed to the stop signal, and due to the negligence of proceeding, the Defendant was able to take part in the driving of the victim C(47 years old)'s high-speed car driving on the side of the culture and arts center, and was boomed with the front part of the Defendant's vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, actual status investigation reports, reports on detection of drinking drivers, and reports on the actual status of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 of the Road Traffic Act;