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(영문) 울산지방법원 2018.01.24 2017고단4124
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of Bone Star (Bodily Injury) for a bus.

On September 23, 2017, the Defendant was driving the bus on the duty of around 06:44, while proceeding at the speed of about 30 kilometers per hour from the south elementary school side where the front road of Ulsan-gun C was located in Ulsan-gun.

At the time, there are new walls, and there are adjoining buildings around the road, and in such a case, there was a duty of care to prevent accidents by safely driving along the vehicle line, such as accurately operating the steering gear.

Nevertheless, the Defendant neglected to drive a stroke while under the influence of alcohol concentration of 0.146% in blood and failed to accurately operate the steering gear, and thereby received the columns of the “D” studio building located on the right side of the bus running direction of the Defendant’s operation as the front part of the bus.

Ultimately, the Defendant suffered damages to the victim E (25) who was involved in the above bus due to the above occupational negligence, including four weeks of medical treatment or more at least four weeks of medical treatment.

2. Defendant 1 driving a motor vehicle under the influence of alcohol content of 0.146% from the section of approximately three kilometers from the Do in the 1stm of the Soul-gu, Ulsan-gun, Ulsan-do, Ulsan-do, Seoul-do, to the place under the above 1.1., Defendant 1 driven the motor vehicle under the influence of alcohol content of 0.146% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Injury resulting from the provision of the relevant Act and the choice of punishment: Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and imprisonment without prison labor.

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