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(영문) 울산지방법원 2016.03.29 2016고단264
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On November 28, 2008, the Defendant was sentenced to a fine of three million won for a violation of road traffic law at the Ulsan District Court on November 28, 2008, and on November 15, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for the same crime at the same court.

1. On December 16, 2015, the Defendant violated the Road Traffic Act (d Laun Driving) driving a rocketing car at a section of approximately 100 meters front of the Hanwon-gu, Ulsan-gu, under the influence of alcohol content of 0.154% during blood transfusion around 18:35 on December 16, 2015.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said car on the above date, and driving the roads in front of one Council member C along the speed of about 40 km from the front line market to the military intersection.

At night and at night, other vehicles were stopped for the signal waiting, so there was a duty of care to reduce speed to those engaged in driving service, properly look at the right and the left, and accurately manipulate the brake system to prevent accidents in advance.

Nevertheless, the Defendant, under the influence of alcohol as stated in Paragraph 1, found the last vehicle in F, which was driven by the victim E (60) who was under a stop at the front of the vehicle due to negligence, and was driven at a late time, but did not avoid it, and received the last part of the vehicle in front of the rocketing passenger vehicle.

The Defendant caused the victim E to each of the above occupational negligence that the victim G (the 57-year-old age-old) suffered from the victim G (the 57-year-old-old-age-old-age-age-age-age-age-age-age-age-age-age-long treatment for approximately 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Each photograph;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. A written reply to inquiries, such as criminal career data;

1. Application of the Act on Report of Investigation 1.

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