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(영문) 울산지방법원 2014.07.24 2014고단771
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who is engaged in driving a Cro-car.

On November 19, 2013, when the Defendant was under the influence of alcohol on 05:34% of blood alcohol concentration, the Defendant driven the said vehicle and proceeded along the three-lane distance in the direction of the Gu Tridong located in the south-gu of Ulsan-gu along the two-lanes from the Tri-gu located in the direction of the Tri-gu, the Defendant failed to discover the victim D (Nam, 39 years of age) who was under the influence of alcohol on the road under the influence of alcohol from the front side of the Defendant’s vehicle, and did not discover the two-lane from the Tri-gu, the upper part of the victim’s body was over the front wheels of the Defendant’s vehicle.

As a result, the defendant suffered the victim by occupational negligence, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement related to F and D;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph related to the accident (attached Form 12);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to medical certificates (six copies) and additional medical certificates;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (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 concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The ground for sentencing under Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) [Article 62(1) of the Act on the Punishment of Traffic Accidents (Article 62(1)(Article 6 of the Act on the Punishment of Traffic Accidents) in the area where mitigation of traffic accidents (Article 1-6 of the Act on the Punishment

A victim who was used on roads.

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