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(영문) 울산지방법원 2015.04.02 2015고단158
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 11, 2014, the Defendant issued a summary order of KRW 4 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million by the same court on February 18, 2008.

On December 14, 2014, at around 00:40, the Defendant, without a driver’s license, driven the national highways of Ulsan-gun B, Ulsan-gun, letter No. 14th, Busan-do, U.S., to Busan-do gate 14, and served both at a speed above the central line and at a efficencies.

At the time, there is a road that has the central separation cost, so there was a duty of care to live well on the front side and drive safely on the right side of the central line.

Nevertheless, the Defendant, while under the influence of alcohol, has to turn to the left, and there was a conflict between the negligence in the course of duty of driving the vehicle in transit beyond the center line and the negligence in the course of duty of driving the vehicle in transit by the victim D(51) who was under normal driving, with the front part of the vehicle in the Defendant’s driver’s vehicle.

As a result, the Defendant suffered injury to the victim D, such as acute climatic species that require treatment for about six weeks, and the victim F (29 years of age) who is the passenger of the above taxi, suffered injury to the victim F (29 years of age) for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. On the screen by a vehicle photograph and a black stude image to cut;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal records, Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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