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(영문) 울산지방법원 2018.01.11 2017고단3963
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car D i 30.

On October 8, 2017, 01:42 around Ulsan-gu, Ulsan-gu, Seoul-do, 107-ro 107, the Defendant proceeded six lanes prior to the Dong-gu project distance from the bankruptcy remote area to 60km each hour at a speed of 60km from the bankruptcy remote area.

At the time, there is a private street crossing in the signal waiting at night and at the front of the road, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business, to well look at the front of the road, and to accurately manipulate the brakes and steering gear to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so due to influence of drinking, and operated the brake system late later without properly examining the front door, and was found to have been in the front part of the Defendant’s driver’s license, after driving the F-learning car of the victim E, who was in the traffic signal atmosphere at the same lane prior to the same lane, and received the part of the Defendant’s driver’s license.

As a result, the Defendant suffered the victim’s salt, tension, etc. of the bones of neck, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

2. On October 8, 2017, the Defendant: (a) driven a Di30 vehicle under the influence of alcohol with approximately 0.140% alcohol concentration from the 3km section of approximately 3km to the wintering construction distance of approximately 0.140% in blood, from the 16-lane, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-ro, 107 to the 107-ro, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. The punishment of imprisonment without prison labor shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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