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(영문) 울산지방법원 2018.12.06 2018고단2664
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle QM6 vehicle.

On August 20, 2018, the Defendant driven the above passenger car with a alcohol level of 0.188% while under the influence of alcohol around 20:26 on August 20, 2018, and proceeded straight ahead of the Eelel D in Yangsan City with a speed of about 30 km from the new air gate to the south market slope.

At the time of night and there were pedestrians in the front door, so in such a case, there was a duty of care to prevent accidents in advance, such as a person engaged in driving of a motor vehicle, a person who is engaged in driving a motor vehicle, and a safe distance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and got the victim F(60) who sited on the left side of the front side of the vehicle as the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame (closed) of the non-alleys that require approximately six weeks of medical treatment due to the above occupational negligence.

2. On January 1, 200, the Defendant driven QM6 automobiles under the influence of alcohol content of about 0.188% from a section of about 1km from the front of the new flag-based apartment shop in the new flag-dong, Yangsan-si, Sinsan-si, to the Eelher road located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. A survey report on actual conditions;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on injection (report on the circumstances of the driver who is placed in driving), and inquiring about the results of regulating drinking;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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