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(영문) 울산지방법원 2019.09.19 2019고단2324
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 24, 2019, the Defendant driven the above car on May 24, 2019, and continued to drive the road near Ulsan-gun, Ulsan-gun, into the mountain basin near the old intersection.

At least three-lanes, a driver who passes through a bend section of a bend and bend, has a duty of care to prevent traffic accidents through safe operation, such as driving of a vehicle without drinking, clarifying a front-time driver, and properly operating the steering direction and brake system according to the road form.

Nevertheless, the Defendant was negligent in neglecting such duty of care and driving under the influence of alcohol and failing to properly operate the steering gear and brakes of vehicles. The Defendant was placed in front of the vehicle at the center of the road as the front part of the vehicle at the top of the sudden kibed section.

Ultimately, the Defendant suffered from the injury of the victim D (V, 48 years of age) who was on the back seat of the passenger car due to the above occupational negligence, such as an injury to both sides and the mouths, which requires approximately 6 weeks of treatment, and to E (V, 42 years of age) about 3 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B car under the influence of alcohol with a level of about 3 km from the F of the Ulsan-gun, Ulsan-gun, to the C neighborhood on the road, with a level of about 0.109% of alcohol level from around 3 km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;

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