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(영문) 울산지방법원 2018.08.14 2018고단1624
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. The Defendant is a person who is engaged in driving of B rocketing vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 11, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on May 11, 2018, driven the above rocketing motor vehicle with a alcohol level of 0.075% in the blood alcohol level, and driven the three lanes of the front direction D in Ulsan-gun, Ulsan-gun, Ulsan-gun, with a two-lane speed from the two parallels, at a speed of about 40km.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation of the operation system and the steering gear.

The Defendant, while under the influence of alcohol as seen above, was negligent in proceeding and was driven by the victim E (64 SM3) who was parked at the front direction of the said rocketing vehicle at the front direction of the vehicle. The lower part of the FS3 vehicle driven by the said victim E (64 ) was the front part of the said rocketing earth vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury on the victim G (60 years of age) boarding the said SM3 vehicle, such as clocks, tensions, etc. requiring approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (unlicensed Driving) and violation of the Road Traffic Act (drinking driving) were driven by the Defendant, at the same time as paragraph (1) of this Article, from the front of a restaurant in which it is impossible to know the trade name in the city of Yangsan-si, Yangyang-si to the front road in Ulsan-gun, Ulsan-gun, without a driver’s license, at the section of about 1.5 km, while under the influence of alcohol at about 0.075% in alcohol while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, reports on the detection of drivers of primary drivers, tea inquiry, ledger of driver's licenses of motor vehicles, and medical certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the same Act concerning criminal facts.

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