logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.02.05 2014고단3187
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

The Defendant is a person who is engaged in driving a car in CE (the clerical error in SP).

On September 3, 2014, while under the influence of alcohol 0.131% on blood alcohol level, the Defendant was driven on the above vehicle parked on the front side of the Ulsan-gun, Ulsan-gun apartment 7-dong, Ulsan-gun, Seoul-gun, and is driving the above vehicle. On September 3, 2014, the Defendant received the knee portion of the victim D (V, 43 years old) knee of the Defendant’s knee on the rear side of the Defendant’s kneeth part of the vehicle.

As a result, the defendant suffered a 12-day medical treatment for the victim through occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. The actual survey report and the accident site photograph;

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

1. Application of Acts and subordinate statutes to investigation reports (victim's D phone statement) and diagnosis reports;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, which provides for the applicable provision

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 [limited to the scope of the sum of the long-term punishments of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than the penalty] shall apply to concurrent crimes; and

(iii) imprisonment with prison labor;

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

1. Reasons for sentencing of Article 62-2(1) of the Criminal Act for sentencing [the scope of recommendation] for general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (the person subject to special mitigation) (the person subject to special mitigation).

arrow