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(영문) 울산지방법원 2017.08.24 2017고단2136
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On May 15, 2017, the Defendant driven the above car at around 15:03, and led the front road of the Office of Education located in Ulsan-gu, Ulsan-gu, to the direction of the shooting distance along the roadside.

At this point, there is a center line of yellow-ray with a signal, etc., so there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the signal and the signal safely.

Nevertheless, the Defendant neglected to do so and neglected this, and caused the Plaintiff C(40) who was waiting in the atmosphere in the opposite direction due to the negligence of leading the central line to the opposite line while under the influence of alcohol and led the Defendant to take the right side of the victim C(40 ) of the vehicle driving in the opposite direction as the front part of the said vehicle.

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.

2. On May 15, 2017, the Defendant: (a) driven a B-learning car under the influence of alcohol of about 0.20% of alcohol concentration from the 5km section from May 12, 201 to the front road in the same erogic-dong, Ulsan-gu, Ulsan-gu, U.S. to the 5km-gu Office of Education located in the same erogic-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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