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(영문) 울산지방법원 2016.01.20 2015고단2207
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing motor vehicle.

On June 9, 2015, the Defendant driven the above car at around 06:00, and driven it at around 06:0, and driven the half-day distance at the Cheongsan-gun, Ulsan-si, the Cheongsan-gun, one-lane from the rith to the rithm.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to safely drive the center line and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol concentration of 0.158% in blood without obtaining a driver’s license, and got the front part of the victim C(47 tax) driving that was normally driven in the opposite lane due to the negligence of driving in the center line and driving in the opposite lane on the opposite lane.

Ultimately, the Defendant suffered injury to the victim, such as the opening-up frame of large 12 weeks of care due to such occupational negligence.

2. On June 9, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving a B rocketing car with approximately 10km alcohol concentration of 0.158% while under the influence of alcohol without obtaining a driver’s license from the south-gu, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the west-gun’s Cheong-do Cheong-do Cheong-do Cheong-si, Ulsan-gun, Ulsan-do Cheongsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and photographs related to accidents;

1. The driver's license ledger (five times a year);

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(2) proviso 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act.

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