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(영문) 울산지방법원 2018.01.17 2017고단3632
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 7, 2017, the Defendant driving a vehicle BM5 vehicle without obtaining a driver’s license under the influence of alcohol of approximately 0.216% alcohol concentration from the 3km section of approximately 3km to the 15th road in Ulsan-gun, Chungcheongnam-gun, Ulsan-gun, Ulsan-gun, Seoul-do, Seoul-do, to the 15th road.

2. The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On September 7, 2017, the Defendant proceeded at a speed of 61 to 70km each hour from the s-lail distance to the s-lail distance along the three-lanes in Ulsan-gun, Ulsan-gun, Ulsan-do.

At the time, there was a rained road and a bend road on the left side. In this case, there was a duty of care to prevent accidents in advance by reducing speed and accurately manipulating steering devices and brakes.

Nevertheless, the Defendant, while being under the influence of alcohol as seen above, broomd into a broom due to the negligence of negligent progress while neglecting it, and was stopped at the edge of three-lanes, and received the left side part of the Plaintiff D(31) driving E, which was parked at the edge of the three-lanes, as the upper part of the said SM5 vehicle’s upper part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving under the pertinent legal provision on criminal facts: Disqualified driving under Articles 148-2(2)1 and 44(1) of the Road Traffic Act without a license for driving under Article 148-2(2)1 and Article 152(1) and Article 43 of the Road Traffic Act: Injury or injury caused by a failure to perform the duties under Articles 152 subparag. 1 and 43 of the Road Traffic Act.

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