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(영문) 울산지방법원 2017.07.20 2017고단1702
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 a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 17, 2017, the Defendant driven the said car as a job around 23:59, and driven the said car in order to drive it in front of the 380 South Yangsan mountain Station in the direction of the Yangsan Police Station in the direction of the Yangsan City Police Station in order to drive it in accordance with one lane among the three lanes in the direction of the Yangsan City Police Station.

At the time, the Defendant, prior to the same direction, was followed by the victim C(63 S) rocketing car driven by the victim C(63 S). In such a case, the Defendant had a duty of care to ensure the safe distance to avoid when the said car stops.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol level 0.164% while driving a blood and received the back part of the above rocketing car driven by the said victim for the signal waiting due to the negligence of driving the vehicle in an excessive vicinity, and received the front part of the above rocketing car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) driving a motor vehicle under paragraph (1) with the highest level of alcohol level of 0.164% from the 1km section to the place under paragraph (1), where the trade name in the water-Eup in Yangsan-si at the time of the day referred to in paragraph (1) is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Response to a request for appraisal;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2) proviso 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (in the course of business and negligence).

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