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(영문) 울산지방법원 2019.02.19 2018고단3305
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person engaged in driving a B-to-pur vehicle.

On May 15, 2018, the Defendant, while under the influence of alcohol at 0.183% of blood alcohol level, 0.15%, was driving the said vehicle from the upstream to the long distance of three-lanes in the northwestwest of Ulsan-gu, Ulsan-do, North Korea, the northwest of Seoul-gu, the Defendant driven the said vehicle from the north northwest to the north northwest of the three-lane, and proceeds from the northwest-gu, the speed of 97km from the northwest-do to the northwest-do.

At the time, as an intersection where the signals are installed at night and at that time, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving the intersection by reducing the speed in a clear mental state and by properly examining the bank, and to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol, was negligent in proceeding in violation of the signal while the electric traffic signal was driven by a vehicle stop signal, and the front part of the car by the victim C(29 years old) driving, who turn to the intersection from the side of the filial length to the Arabic in accordance with the signals, was placed in the front part of the car of the Defendant driving car.

Ultimately, due to the above occupational negligence, the Defendant suffered from the above victim C with a multi-faceted typology requiring treatment for about two weeks, and the victim E (the 45-year-old passenger) who is the passenger of the above Aburged vehicle was damaged by chest damage (the heart, the curgical marr fever) at G Hospital located in Ulsan-gu, Ulsan-gu, Seoul (the 45-year-old passenger) at around 23:39 on the same day, and was driving the above Aburged vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A written statement of I and C;

1. Reports on the occurrence of traffic accidents, on-site photographs, actual condition survey reports, reports on the actions of each owner and driver, reports on the actual condition of the driver, reports on the occurrence of traffic accidents, and reports on the occurrence of and direction over the occurrence of accidents;

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