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(영문) 울산지방법원 2018.10.10 2018고단1613
교통사고처리특례법위반(치사)등
Text

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a car at BV.

On January 7, 2018, the Defendant driven the above vehicle at 0.120% alcohol concentration in the main stream of blood at around 20:40, and caused the victim to die due to damage to the front part of the Defendant’s vehicle, body, body, arms, and legs during the front line of the hospital around that time, while driving the four-lane along the south side of the Taecheon River at the intersection of the Taecheon River located at 451, Ulsan-gu, Ulsan-gu, Ulsan-do, the other side of the road, while under the influence of alcohol and driving the four-lane along the other side of the road.

2. The Defendant driven the said car at a distance of about 10 km from the front side of the E elementary school in Ulsan-dong-gu D to the south side of the above name village at the time of the above day, in the state of alcohol concentration of 0.120% among the blood transfusion at the time of the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each traffic accident report, a report on the occurrence of a traffic accident, a reply to a request for the analysis of a traffic accident (Road Traffic Authority), a black stuffing vehicle, a CCTV image run by the pain control center, a black stuffing vehicle, a video CD in the traffic control center, and a criminal investigation report (with regard to the verification of witnesses' statements);

1. Reports on the detection of drivers at home, reports on the circumstances of drivers at home, and comprehensive traffic accident analysis replies;

1. Each body death certificate;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupation of a professional and a dental physician), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a drinking driver);

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

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