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(영문) 울산지방법원 2014.10.24 2014고단2451
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on February 12, 2008, and the same court on August 27, 2008 to a suspended sentence of 10 months for a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

On July 4, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.125% with a blood alcohol concentration of 0.15% 0.15%, and was driving the said vehicle on a three-lane-lane road in front of the Samcheon apartment zone in the southwest-gu, Ulsan-gu, the Defendant suffered from the Defendant’s negligence in the course of duties, by driving the vehicle under the influence of alcohol on the part of the victim D (n, 40 years old) driving under the direction of the Defendant’s vehicle under the new subparagraph of the vehicle at the front side of the Defendant’s course, and suffered the injury, such as light salt, tension, etc. in need of the two-day medical treatment for the victim, who is the passenger of the victimized vehicle, on the front side of the Defendant’s vehicle, the injury of the victim F (7 years old-gu) with a chest string wall that requires approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Each written diagnosis;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be aggravated by concurrent crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty, and shall be punished by imprisonment with prison labor: Provided, That the lowest sentence shall be determined by the crime of violating the Road Traffic Act];

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