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(영문) 울산지방법원 2017.08.10 2017고단2204
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving a passenger car with B test column in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 31, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle at around 21:40 on May 31, 2017, the Defendant driven the said motor vehicle at a level of 0.135% alcohol concentration in blood, and driven the two-lane road in front of the D Hospital in Ulsan-gun C, Ulsan Metropolitan City, along the speed of about 20km along the speed of about 20km on the side of the non-disast apartment.

At the time, a signal is installed at night and at the front door, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by checking whether a driver has a vehicle waiting to signal in the front door.

Nevertheless, the Defendant neglected to do so and was negligent in driving while under the influence of alcohol and, at the front of the Defendant’s vehicle, parked in the victim E-driving which was stopped in accordance with the stop sub-paragraph, received the part of the lower part of the vehicle in front of the said test.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were operated without a driver’s license at a section of about 1km from the front of the frequency of the crimes in the Eup/Myeon alternative of Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front of the solar distance, and without obtaining a driver’s license at a section of about 1km from around 0.135% of alcohol concentration in blood, while under the influence of alcohol, the Defendant driven the above test while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

1. Inquiries into the ledger of driver's licenses and the results of regulating drinking driving;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2), 7, 8, and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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