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(영문) 울산지방법원 2018.08.31 2018고단1510
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 of a car at CNA in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 6, 2018, the defendant, around 00:50, had the roads in front of the 101 ground parking lot of the D Apartment 101, in Yangsan-si, run towards the ground parking lot from the side of the underground parking lot.

Since there was a one-way road for entering a parking lot, there was a duty of care to prevent accidents by driving safely, such as not entering one-way road.

Nevertheless, under the influence of alcohol, the Defendant was able to see the F Review that the Defendant is driving on the left-hand side of the Defendant’s vehicle E(41 years old) from the Defendant’s car driving on the right-hand side of the Defendant’s car and shocked the pent part of the Defendant’s vehicle into the front-hand part of the Defendant’s car.

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

2. The Defendant 1 driven a four-dimensional car as stated in the above paragraph (1) while under the influence of alcohol leveling 0.142% in a 30-meter radius near the date, time, place, etc. set forth in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation (the sequence 18,20 of the evidence list);

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to each photograph (as evidence list 6,16,21);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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