(영문) 울산지방법원 2017.11.22 2017고단3266

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(영문) 울산지방법원 2017.11.22 2017고단3266

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 6 million by the same court on December 15, 2014 for a crime of violating the Road Traffic Act.

1. On August 10, 2017, the Defendant, while under the influence of alcohol at around 16:35 on the blood, driven a D-crack vehicle at approximately 2km from the front of the clean middle school located in Ulsan-gun, Ulsan-gun, to the front road located in Ulsan-gu B, Ulsan-gu, under the influence of alcohol content of 0.195%.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a DNA cruise car.

On August 10, 2017, the Defendant, while under the influence of alcohol, driven the said car at a speed of 16:35, a road of one lane in the south-gu B in Ulsan-gu, Ulsan-do, was straightened from the west side of Ireland to the ordinary elementary school of the middle of the month.

At the time, the defendant was getting off, and the defendant was behind the FM6 car driven by the victim E (V, 58 years old). Therefore, the driver had a duty of care to maintain the safety distance with the vehicle in front and to prevent the accident by accurately manipulating the steering gear and the brakes.

Nevertheless, the Defendant was negligent in drinking while driving the car and received the part behind the car from the Defendant to the front part of the cruise car in which the Defendant was driving.

As a result, the Defendant suffered from the Defendant’s occupational negligence, such as salt, tensions, etc. in the cirratty that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. E statements;

1. A medical certificate;

1. Before judgment:

참조조문

-교통사고처리 특례법

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