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(영문) 울산지방법원 2013.10.24 2013고단2641

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

On May 11, 2013, the Defendant: (a) was a person engaging in driving a rocketing car; (b) while driving the said car under the influence of 0.172% alcohol concentration on May 11, 2013, the Defendant suffered from the injury of the victim C (E, 47 years old) driving car driving ahead of the center line under the influence of alcohol due to the occupational negligence near the center line, and the injury of the victim C (E, 47 years old) driving car driving ahead of the vehicle under the influence of alcohol, and driving the said car under the influence of 0.172%, and driving the said car into the steering area of the vehicle in Ulsan-gun, Ulsan-gun, U.S., the vehicle in charge of driving the vehicle in question, thereby causing damage to the victim E (e.g., the 43 years old and the 43 years old and the above part requiring treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Police fact-finding report and photographs related to accidents;

1. A police driver's report;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Heavy C)

1. Determination of imprisonment without prison labor for a crime of violating the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the lowest sentence shall be the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty];

(ii) shall be punished by imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;