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(영문) 울산지방법원 2018.04.19 2018고단421
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 21, 2017, the Defendant violated the Road Traffic Act (drinking) driven B otobb in a state of alcohol alcohol concentration of about 0.128% from a section of about 200 meters from the front of a restaurant in the name of the Seo-dong, Ulsan-gu, U.S., U.S., to the three-dimensional distance in the name of the Seo-dong, Seo-dong, Seo-dong.

2. The defendant is a person who is engaged in driving service of Oral land B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 21, 2017, the Defendant driven an Oral Ba while under the influence of alcohol on December 22:30, 2017, and proceeded along two lanes from the right side to the right side of the west-dong, Ulsan-gu, Ulsan-do, through a three-lane road in front of the Seo-dong, Seo-dong, Seo-dong, Ulsan-gu.

On the one hand, there is a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the defendant neglected it and caused the damage to the left side of the victim C(36 ) crossing the crosswalk from the right side of the course to the left side of the crosswalk due to the negligence in contravention of the stop signal.

As a result, the Defendant suffered injury to the victim, such as salt dynasium dynasium dynasium dynasium dynasium dynasium

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

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

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 (the point of drinking alcohol and the choice of imprisonment), Article 3(1), proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3(1), Article 3(2) subparag. 1, 6, and 8 of the same Act concerning criminal facts;

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