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(영문) 울산지방법원 2020.06.12 2020고단607
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 vehicle BM520.

On February 5, 2020, the Defendant driven the said car at a speed of about 50km per hour between the three-lanes in the direction of the water basin in the direction of the lower-class underground streets, with the intersection of about 449 square meters in order to drive the said car at a speed of about 50km in the direction of the water basin in Yangsan city.

Since there is a center line of yellow-ray line installed on the surface, in such a case, there was a duty of care to safely operate the car with the driver of the vehicle thoroughly without drinking alcohol.

Nevertheless, the Defendant neglected this and received the front part of the victim D(W, 37 years old) driving ERati Vehicle in the signal waiting in order to turn to the left from the direction of CH in the water basin due to the negligence of the central line, while under the influence of 0.107% of blood alcohol concentration, and received the front part of the passenger car in front of the car of the Defendant.

The Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim F (F, 37 years of age) who was accompanied by the said Liber car, such as salt, tensions, etc., requiring approximately two weeks of medical treatment.

2. Around 16:10 on February 5, 2020, the Defendant driving a vehicle BM520 under the influence of alcohol content 0.107% from the front of a cafeteria “H” restaurant located in Gyeyang-si G to the first road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, the actual survey report on the traffic accident, and the accident site photograph;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Each written diagnosis on D and F;

1. Application of eight closure photographs to eight Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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