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(영문) 울산지방법원 2019.02.21 2018고단3665
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BMW523i in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 19, 2018, the Defendant driven the above BMW523i vehicle while under the influence of 0.131% of blood alcohol level around 04:00, and led the Southwest-gu in Ulsan to the educational intersection from the right intersection to the right of 60km at the speed of about 10km.

At the time, since it is a three-distance intersection where a signal, etc. is installed at night and at that time, the driver of the motor vehicle had a duty of care to ensure that the driver of the motor vehicle has a duty of care to observe the signal such as the above signal while accurately operating the brake and steering gear and to safely cross the intersection.

Nevertheless, the Defendant neglected this and neglected to proceed to the above intersection due to the negligence in violation of the above signal even though the above signal was a stop signal, and received the right side part of the victim C(32 years old) driving DNA driving vehicle left to the right side from the south side of the public health clinic in accordance with the left-hand turn signal of the above signal and received the front part of the above BMW523i vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a closed flasium and other flasium in need of treatment for about 10 weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (MMW523i vehicle under the influence of alcohol in the section of about about 1k from the Do near the E department store located in Ulsan Nam-gu to the southwest-gu, the South, the fire fightingwest, and the TMW523i vehicle under the influence of alcohol concentration of about 0.131% in the section of about 1k from the point of time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Attachment of a medical certificate);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)1 and 8 of the same Act concerning criminal facts;

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