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(영문) 울산지방법원 2018.04.11 2017고단4428
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 BMW car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 8, 2017, 07:40, the Defendant, located in the Namsan-dong, Samsan-dong, Samsan-dong, Busan-do, in a two-lane speed from the sloping distance to the parallel of Taesan-do.

Since there are lots of vehicles with frequent traffic, and there are an intersection where signal lights are installed on the front side, there was a duty of care to prevent accidents, such as thorough operation of the steering company and accurate operation of the steering and steering system in a clear mind.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and proceeded as it is, due to the negligence of the Defendant’s failure to stop at the front time while driving, followed by the D-hand driving of the victim C(50 years old) who was under the influence of signal at the front time, and received the part of the driver’s vehicle in front of the Defendant’s car.

Ultimately, the Defendant suffered from each injury to the victim C and the victim E (22) who was on board the said victim’s own car at the above-mentioned occupational negligence due to approximately two weeks’ treatment.

2. On November 8, 2017, the Defendant driven BM car under the influence of alcohol content of approximately 0.212% in a section of about 500 meters from the road near the head office, gyp, mountain-dong, Nam-gu, Ulsan-do, Ulsan-do, to the gypin distance in the same Dong, the Defendant used BM car under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, 1, 2, and photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Each statement;

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

1. In cases of criminal facts resulting from occupational injury and actual injury: Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2(2)1 and Article 44 of the Road Traffic Act.

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