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(영문) 울산지방법원 2020.01.14 2019고단2479
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 11, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.075% with blood alcohol concentration at 0.075%, and continued to turn to the left at the left from the side of the C Hospital while driving the vehicle at the speed of 0.075%.

At that place, a crosswalk with a yellow on-and-off signal has been installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to drive the motor vehicle by reducing the speed of the motor vehicle and by checking well the traffic situation on the right and the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, the Defendant neglected the influence of alcohol while driving so that the victim D (the age of 47) who crosses the crosswalk from the right-hand side of the Defendant's running direction to the left-hand side of the Defendant's driving.

Ultimately, the Defendant suffered injury to the victim due to occupational negligence, such as cerebral cerebrovassis that requires medical treatment for about 12 weeks.

2. Around May 21, 2019, the Defendant driving a vehicle B with a blood alcohol concentration of 0.075% from a section of approximately 1km from May 11, 201 to a remote distance from the roads in front of the Northbuk-gu E market in Ulsan-gu, Ulsan-do to the roads in front of the said subparagraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A survey report on the actual situation, a report on the results of the control of drinking driving, and a report on the actual state of drinking drivers;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Article 3(1), the proviso to Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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