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(영문) 울산지방법원 2013.08.29 2013고단2147
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

1. Around 19:00 on May 8, 2013, the Defendant was under the influence of blood alcohol concentration of 0.233% without a vehicle driver’s license, and the Defendant driven a Dmecin car at the section of approximately 100 meters from the Ulsan-dong Samsungdong Samsung C&M apartment 401 parking lot to the front day of the apartment.

2. On May 8, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a car with the above Dtecas. On May 8, 2013, the Defendant was driving the said car at around Samsung C&U apartment in Ulsan-gu Pharmaceutical Zone, Ulsan-gu, and transferred the front distance from the front side of the apartment to about 20km in speed from the front side of the apartment.

Since it is a three-distance, there was a duty of care to safely drive a motor vehicle driving person and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not enter five lanes, which are the four-lanes outside of the day without a driver’s license, while under the influence of alcohol with 0.23% of alcohol level without a driver’s license, and was caused by the negligence of the victim E (the age of 31) who was going straight ahead of the four-lanes.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition report and photographs of the police;

1. The circumstantial report of the police officer;

1. The ledger of driver's licenses;

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

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the same Act concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3 (7) of the same Act concerning the same facts;

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