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(영문) 울산지방법원 2017.11.30 2017고단3544
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On August 5, 2017, the Defendant driven the said car under the influence of alcohol content of 0.187% in blood around 05:10 on August 5, 2017, and driven the four-lane road in front of the D Hospital located in Ulsan-gu C, Ulsan-gu, along the two-lanes of the industrial tower 50km from the erogate of the industrial tower.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear of the driver.

The Defendant, while under the influence of alcohol, was negligent in operating the brake system at the latest at the front of the same lane without properly examining the front section, and was driven by the Defendant with the front part of the FSP car of the victim E (27 tax) driving on the left side of the traffic in the same lane.

As a result, the Defendant suffered from the Defendant’s occupational negligence, such as salt ties and tensions in need of approximately two weeks of treatment.

2. On August 5, 2017, the Defendant: (a) driven a BS-type car under the influence of alcohol with approximately 300 meters alcohol content 0.187% from the 300-meter section to the front road of the D Hospital located in C from the trade in the south-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual condition, photographs, reports on detection of drivers of primary drivers, tea making inquiries, registers of driver's licenses, estimates, and medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44-2

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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