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(영문) 울산지방법원 2018.08.23 2018고단1493
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 service of B Poter cargo vehicles.

On March 22, 2018, the Defendant driven the above cargo on March 22, 2018, and proceeded with a mountain box in the direction of a mountain box, which was located within the three-distance distance in the Seosan-gu, Seosan-gun, Seosan-gu, Ulsan-gun, Ulsan-do.

At all times, as a driver at a three-distance intersection where signal lights are installed, the driver has a duty of care to prevent traffic accidents due to the safe operation according to the signals and the failure to drive under the influence of alcohol.

Nevertheless, the Defendant neglected this, while driving a vehicle while under influence of 0.166% alcohol level in blood, received the front left portion of the victim C(43) driver's driving, who was driving a U-turn in the opposite direction at the time signal at which the signal apparatus of the cross-road was in violation of the signal at both direction, and proceeded directly in one lane in the opposite direction.

Ultimately, the Defendant suffered injury by the victim due to the above occupational negligence, such as the power line to the left side of the elbow outside the elbow in need of approximately four weeks medical treatment.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the above brea truck under the influence of alcohol content of about 0.166% in a section of about 500 meters from a restaurant parking lot where it is possible to find out the trade name adjacent to a mountain box in Ulsan-gun, Ulsan-gun, U.S., Ulsan-do, U.S., U.S., U.S. at the same time and at the same time from the restaurant parking lot where it is impossible to find out the trade name adjacent to the said box.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 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 / [each imprisonment without labor or imprisonment without labor] concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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