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(영문) 울산지방법원 2014.10.02 2014고단2117
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

[Criminal Power] On June 2, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court. On December 15, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

1. Around 02:45 on April 6, 2014, the Defendant driving a BM5 car in the state of alcohol alcohol concentration of approximately 0.120% from a section of approximately 8km to a mountain intersection located in the same Jung-dong, Ulsan-gu, Ulsan-do.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM5.

On April 6, 2014, the Defendant driven the said car, at around 02:45, and opened the front road of the Ulsan District Oil Station in the Blsan-dong, Ulsan District, Ulsan District, with the original three-lane distance from the bank of the ewing-do, the Defendant sustained the injury of the victim C (40 years old) driving the DSP motor vehicle running along the four-lane due to the occupational negligence moving into the four-lane under the influence of alcohol concentration at about 0.120% while driving the four-lane, while driving the said motor vehicle along the four-lane under the influence of alcohol concentration from the surface of the ewing-do, Ulsan District to the right side of the vehicle of the Defendant, and caused the victim of the play to suffer from the injury of the effician, such as pleh and pleh, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger and the next registered inquiry;

1. A medical certificate;

1. Application of statutes concerning criminal records;

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

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