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(영문) 울산지방법원 2017.07.05 2017고단525
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 10, 2017, the Defendant was driving a BE e-sports cargo vehicle under the influence of alcohol content of about 0.117% without obtaining a driver’s license from the 3rd distance from the volcanic distance in the Slsan-gun, Ulsan-gun, Ulsan-gun, to the 200m color from the 16:45 on January 10, 2017, while under the influence of alcohol content of about 0.17% in the blood alcohol level without obtaining a driver’s license from the 3rd distance in the Slsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo vehicle at the time stipulated in paragraph (1) and proceeded to turn to the left at approximately 21-30 km at the speed of the police box box of the above report at the port of mountain distance.

Since there is a long distance crossing where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely, such as complying with the traffic signal to a person engaged in driving service and living well with other vehicles.

Nevertheless, the Defendant neglected this and got a part of the left part of the bicycle driven by the victim C(45) (S) who was driven by the Defendant pursuant to the Defendant’s new walk to the front part of the said cargo vehicle with the front part of the bicycle driven by the Defendant, who violated the signal while drinking and turned left to the left of the new walk.

Ultimately, the Defendant suffered injury, such as cage cage cages, etc., for about four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents and diagnostic certificates;

1. Driving under the pertinent provision of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Operation without a license under Article 148-2(2)2 and Article 44(1) of the Road Traffic Act on the grounds of criminal facts: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act on the ground that Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents are applicable.

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