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(영문) 울산지방법원 2013.11.29 2013고단2364
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car B, 300C.

On May 23:45, 2013, the Defendant driven the above vehicle while under the influence of alcohol with 0.126% of alcohol concentration 0.126%, and continued the front road in front of the Seogsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, with the view to the subcomponing of the subcompon.

There are parking lanes on the side of the road, so in such a case, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol. In operating the motor vehicle, there was a duty of care in advance to prevent accidents by carefully manipulating the steering side and the steering gear of the motor vehicle and accurately manipulating the steering side of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was parked in the roadside parking line of the victim C (n, 37 years old) who was parked in the roadside due to the negligence of being driven by the Defendant, received the rear part of the victim C (n, 37 years old), from the front part of the Defendant vehicle, and caused the victim C, who was on the front part of the vehicle, to shocked into the E Fpoter vehicle that was parked in front of the vehicle, and was parked in front of the vehicle, and caused the victim C, who was on the vehicle in the above EFpoter, to shock the pressure 12 weeks in need of approximately 12 weeks of treatment, and suffered from the injury, such as catum dum dump, etc. requiring approximately 2 weeks of treatment to the same victim G (n, 15 years old), and the injury of the victim H (5 years old), such as catum dum dume, etc. requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The actual survey report and on-site photographs;

1. A report on detection of the owner of a facility and a report on the status of the owner of the facility;

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

1. Article 3 (1), the proviso to 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Commercial concurrence;

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