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(영문) 울산지방법원 2015.01.21 2014고단2926
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of a car in the Montreal.

피고인은 2014. 4. 3. 13:18경 위 차량을 술에 취한 상태로 울산 울주군 삼남면 작괘들길 29 앞 도로를 작천정 쪽에서 수산로얄팰리스 아파트 쪽으로 진행하게 되었다.

At the time, there is no central line, and a bend road. Therefore, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance and safely drive the motor vehicle by accurately manipulating the steering system and brakes.

Nevertheless, the Defendant neglected this and inflicted injury on the victim C, who was driven by negligence while driving under the influence of alcohol, due to the shock of the right side of the D 125cc Oral Seaba, in front of the left side of the Defendant’s vehicle, thereby causing about 14 weeks of treatment to the victim.

2. On April 3, 2014, at around 13:18, the Defendant driven a vehicle B Podmonon under the influence of alcohol content of 0.185% at the 600m section under the influence of alcohol with the blood alcohol content of 0.185% from the small river located in the Sogcheon-gun, Ulsan-gun, Ulsan-gun, Busan-gun, to the 29th road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident site photograph;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. A criminal investigation report;

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

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 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Article 37 of the Criminal Code among concurrent crimes.

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