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(영문) 울산지방법원 2017.10.26 2017고단3144
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B rocketing car.

On July 12, 2017, the Defendant driven the above vehicle at around 06:30 on July 12, 2017, and proceeded with the road of one lane near Punglllla Island in the south-gu, Chungcheongnam-gu, Ulsan-do.

Since there are frequent traffic of vehicles, the driver of the vehicle has a duty of care to prevent accidents, such as making a person engaged in driving the vehicle abundance and left and left well in a clear mind, and accurately operating the steering and brakes, etc.

Nevertheless, the Defendant neglected this and operated the steering gear to overtake the front vehicle in an unreasonable manner while under the influence of alcohol and went beyond the center line to the left, and received the part on the side of the driving seat of the victim C(23 Do) who tried to turn to the left at the right be left at the bend of the driving car of the Defendant.

Ultimately, the Defendant suffered from the injury to the above victim C and the victim E (20 years old) who was a passenger of the said car car with the foregoing occupational negligence, for approximately two weeks of treatment.

2. On July 12, 2017, the Defendant driven B rocketing car with approximately 400 meters alcohol concentration of around 0.124% in the section of approximately 40 meters from the 400m to the road near the New Crolet, located in the south-gu, Ulsan-gu, Ulsan-si. From around 06:30 on July 12, 2017, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. A written appraisal of alcohol concentration in the blood;

1. Photographs at the time of accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, and the Criminal Act.

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