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(영문) 울산지방법원 2018.12.13 2018고단3028
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Crane vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On May 4, 2018, under the influence of alcohol concentration of 0.327% among blood transfusions, the Defendant driven the franchising vehicle and proceeded three lanes in front of the New East High School in Ulsan-gu with about 40 kilometers per hour from the street of the industrial tower to the military office distance of the military in the direction of the industrial tower.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to safely operate the brake and steering gear by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and took the left side of the victim D(Se-Se-Se-Se-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in need of approximately two weeks of treatment on the victim D, and suffered injury to the victim FF (30 Does) on the said K5 vehicle, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) driven a fluor vehicle described in the preceding paragraph at a section of about 3 km from a Do near the mutual influent restaurant in Ulsan-gu, Ulsan-gu to the front road of the new high school located in Ulsan-gu, Ulsan-gu, Seoul-do, to a level of about 0.327% alcohol level among blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a written inquiry about the results of regulating driving of drinking and a statement concerning the circumstances of drivers;

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 Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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