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(영문) 울산지방법원 2014.06.12 2014고단534
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

1. Around 16:30 on February 16, 2014, the Defendant driven a BNEW franchise XG car in the state of under the influence of alcohol with approximately 6km from the 6km section from the 16km-gun, Ulsan-gun, Ulsan-do to the sea in the front of the sea in the same area of Jindo-ri.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BNEW franchise XG car.

On February 16, 2014, the Defendant driven the said vehicle at a 0.242% alcohol concentration on the blood alcohol level around 16:30, and driven the said vehicle at a ethic speed from the ethic ethic ethic endic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate the motor vehicle thoroughly and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the center line with the negligence of running the center line, was shocked with the front part of the car driven by the victim C(the age of 51) who was driving by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Defendant’s statement concerning traffic accident;

1. A traffic accident report and a traffic accident report;

1. On-site photographs, and the making of a comparison;

1. A written report on driving under the influence of alcohol drivers, the results of the crackdown on driving under the influence of alcohol, and the report on the status of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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