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(영문) 울산지방법원 2018.08.14 2018고단1745
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

Criminal facts

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B rocketing siren.

On May 25, 2018, the Defendant driven the said car under the influence of alcohol content of 0.202% among the blood transfusion around 03:30 on May 25, 2018, and proceeding the road along the intersection of the “D cafeteria” located in Yangsan City City C with the intersection of the “D cafeteria” in front of the “D cafeteria” in Yangsan City, at a speed of about 40km from the E bank to the beginning intersection of both states, and led the Defendant to the right-hand apartment.

At the time, since it is night and a place is an intersection, there was a duty of care to prevent accidents, such as bypassing the right side of the road in advance, it was confirmed whether a person engaged in driving of a motor vehicle has a vehicle entering the intersection to reduce the speed and whether there is a vehicle entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said intersection due to the negligence of neglecting it, and received the victim’s G taxi driver’s seat at the victim F (59 Doe) who had left the said intersection from the front of the driver’s seat of the said rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment due to occupational negligence as above.

2. On May 25, 2018, the Defendant: (a) driven the said rocketing car under the influence of alcohol by 0.202% from the blood alcohol concentration on the front of the “E” road located at H at Yangsan-si to the front of the said “D cafeteria”; (b) around 0.1km from May 25, 2018 to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Six copies of a report on the occurrence of a traffic accident, report on the scene of an accident, inquiry into the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the actual condition of a driver who takes driving, report on the actual condition of a traffic accident, investigation report on the actual condition of a

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

1. Facts constituting the crime which are caused by the negligence in the course of duty and the choice of punishment;

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