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(영문) 울산지방법원 2019.05.17 2019고단293
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On June 7, 2012, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 4 million for the same crime at the Ulsan District Court on July 8, 2013.

【Criminal Facts】

1. Around 19:25 on December 14, 2018, the Defendant driving a CTB car in the state of under the influence of alcohol with a blood alcohol concentration of 0.079% (blood measurement) from a section of about 20km from the front of the building B in Northern-gu, Busan to the Yansan-si, Yangsan-si, Yangsan-si.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a car at CTball.

On December 14, 2018, the Defendant driven the above car on December 14, 2018, and proceeded two lanes at a speed of about 60 to 70km per hour in front of the E station in Yangsan City D.

At the time of night, it was difficult to view the view at night, and the victim F (the age of 43)'s G excavation search period was proceeding in the same lane as the front line, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the front line and to accurately operate the steering and brakes.

Nevertheless, under the influence of alcohol as above, the Defendant was negligent in neglecting to do so, and received the rear part of the above sowing machine as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, and a photograph of the scene of the accident;

1. Written consent to blood collection and written report on requests for appraisal;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act;

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