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(영문) 울산지방법원 2017.04.25 2017고단653
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 1, 2017, the Defendant driven the said car under the influence of alcohol of 0.202% in blood without obtaining a driver's license on January 1, 2017, and led the Defendant to drive the said car under the influence of alcohol of 0.20% in the blood, and drive the road of the front C of the Yangsan City along a one-lane road from the crdle on the side of the crdle at the speed.

At the time of night, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving business and accurately manipulating steering devices and brakes.

The Defendant, while under the influence of alcohol, was negligent in driving the victim D(54) driving in the opposite lane, E K5 si driving by the Defendant, who was driving in the opposite lane. The Defendant received the front part of the driver’s seat in the front part of the said car driving by the Defendant.

Defendant 1 suffered injury to the victim for approximately two weeks of medical treatment due to such occupational negligence.

2. On January 1, 2017, the Defendant: (a) was driving a B-hurged vehicle while under the influence of alcohol content of 0.202% in alcohol without obtaining a driver’s license from around 30 meters in a section of approximately 30 meters from the road front of the mutual convenience store in Yangsan-si, Yangsan-si; and (b) the Defendant was driving a B-hurged vehicle in a state of under the influence of alcohol content of 0.202% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, road field photographs, reports on detection of drivers of primary drivers, and the register of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 7 and 8 of the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 152 subparag. 1 of the Road Traffic Act.

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