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(영문) 울산지방법원 2014.07.17 2014고단775
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 rocketing car.

On January 19, 2014, the Defendant, while under the influence of alcohol 0.113% of the blood alcohol concentration, driven a rocketing vehicle of 0.42% of the 0.13% of the blood alcohol content, led to the flow from the west-gun of Ulsan Island to the west Jeju Island.

A person engaged in driving duty has a duty of care to prevent traffic accidents in advance by accurately operating the steering wheel, steering wheel and brake system.

Nevertheless, the Defendant did not discover the e-mail of the victim D (age 42) driver who stops on the frontline due to negligence while driving a vehicle while neglecting this, and received the back part of the victim's vehicle from the front driver of the Defendant's vehicle to receive about 8 weeks' back part of the victim's vehicle, and suffered injury, such as an injury to the victim's FF (age 51) who took advantage of the victim's vehicle D, and suffered injury, such as a dynasium dynasium dynasium dynasium, which requires about 6 weeks' treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

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

1. On-site photographs;

1. A report on detection of a host driver (A) and the circumstantial report of a host driver (A);

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations] shall be determined by sentence of the basic area (in April to October) of the first type of traffic accident.

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