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(영문) 울산지방법원 2019.03.21 2018고단3737
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2009, the Defendant was issued a summary order of two million won or more for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of seven million won or more for the same crime at the same court on October 14, 2013, respectively.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a bC or lower-level car.

On November 11, 2018, the Defendant driven the above car at around 06:20, and driven the two lanes near the Sogsan-gun, Ulsan Metropolitan City, Ulsan Metropolitan City, with one lane in the direction of the captain, led to a speed of about 60 km in the direction of the captain.

At this point, there is a center line of yellow-ray, so in such a case, the driver had a duty of care to safely drive the car line by making it possible to see the front line and the left and right, and by safely operating the car line.

Nevertheless, the Defendant neglected this, while driving under the influence of alcohol level of 0.084% and 0.084% of the center line with the negligence on the road facing the negligence of driving the center line, and shocked into the front part of the car driving seat of the victim C(48 years old) with the front part of the Defendant’s car driving seat.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately nine days of treatment due to occupational negligence.

2. The Defendant was driving a vehicle as stated in paragraph (1) while under the influence of alcohol at about 8 km section from the date and time set forth in Paragraph (1) to the road set forth in Paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs related to accidents;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, the Criminal Act;

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