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(영문) 울산지방법원 2015.12.23 2015고단2470
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a vehicle B at low price.

1. On July 1, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, driving the said car at around 01:50, and driving it along the two-lanes of the front road in Ulsan-gu C, Ulsan-gu, along the same distance distance from the east-gu.

On the front of the defendant's driving direction of the above road, the Fchip car of the victim E (the 60-year-old driver) who stops in the traffic signal atmosphere, and thus, the driver of the vehicle has a duty of care to reduce the speed of the front door and prevent the accident by driving the vehicle safely and safely.

Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as c,28,191 won for repair for the replacement of the vehicle in front of the above low-income motor vehicle by the negligence of driving a vehicle while under the influence of alcohol with 0.136% of blood alcohol concentration without a driver's license, thereby conflicting the back part of the above low-income motor vehicle with the front part of the above high-income motor vehicle, thereby damaging the c,228,191 won, and at the same time, suffered injury to the victim, such as c, c, salt, tension for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) at the time, time, and place prescribed in paragraph (1) of this Article, operated the instant high-speed car with the blood alcohol concentration of about 300 meters from the clock parking lot in Ulsan-gu C to the D-ro in the same Dong without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of each traffic accident, a report on actual condition investigation, and on-site photographs;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to certificates of insurance coverage;

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

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