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(영문) 울산지방법원 2015.12.28 2015고단2995
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 27, 2006, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 2 million for the same crime at the same court on March 5, 2010.

Criminal facts

The defendant is a person who is engaged in driving a e-cub vehicle B.

On August 30, 2015, the Defendant driven the said car while under the influence of alcohol of 0.085% with blood alcohol concentration of 0.085% on August 30, 2015, and was passing by driving the said car in front of the Young River in Yangsan-si at the intersection of the intersection, from the intersection of the intersection to the intersection of the old bus terminal, in one lane between the two lanes.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to live well in the front and left and to prevent the accident by driving safely according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to enter the red signal intersection in violation of the signal, did not avoid the victim C(28 years of age)'s rocketing car running from the cross-sea of the two islands to the Electronic Ireland, and received the above part of the front part of the above Ecuas car with the front part of the right side of the said Ecuas car.

Ultimately, the Defendant caused the victim to suffer injury, such as the definite salt, which requires treatment for about two weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident, drug map, and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A scene of an accident and photograph of an accident vehicle;

1. A copy of the medical certificate for victims;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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