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(영문) 울산지방법원 2018.12.06 2018고단2903
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in the driving of the freight truck B.

On June 23, 2018, the Defendant, at around 22:58, driven the front road D in Ulsan-gu C, Ulsan-do, to maw from the edge of each erost, to one of the farm stations.

At the time, there was a traffic signal waiting vehicle at the front door, so the driver was obliged to thoroughly operate the front door and to prevent the accident by safely driving the brakes.

The Defendant, due to the negligence of driving under the influence of 0.193% alcohol level in the blood, was shocked by the Defendant’s front part of the Defendant’s cargo vehicle in front of the truck of the Victim E (54) drive while waiting at the front of the signal.

Ultimately, the Defendant suffered, from the above occupational negligence, the victim E, the injury of scam, tensions, etc., which requires approximately three weeks of medical treatment, and the victim G (the 49 years old) who was the above taxi driver, the injury of scams, etc. in need of medical treatment for about three weeks.

2. On June 23, 2018, the Defendant driven the above cargo while under the influence of alcohol content of about 0.193% from the 8km section from the 104 parking lot to the 3rd distance from the entrance of the Magsan Industrial Complex located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the 104-dong Magdong-dong Magdong-dong Magdong-si, the Defendant was under the influence of alcohol level of about 0.193%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A report on the circumstances of the driver's license in the State, a report on actual condition, a survey report, a photograph, a diagnosis report, an agreement, a quotation, or a black image;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the selection of imprisonment with prison labor for a crime;

1. Articles 40 and 50 of the Criminal Act (as to paragraph (1) of the judgment of the court below)

1. Punishment;

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