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(영문) 울산지방법원 2018.02.23 2017고단4396
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle with C investment vehicle.

On October 28, 2017, around 22:45, the Defendant proceeded to turn to the right from the side of the fourth apartment road at the front of the apartment that is the 349-do Cheongsan-ro, Yangsan-ro.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to drive on the right side of the center line and to drive safely without drinking while obtaining a license.

Nevertheless, without obtaining a driver's license, the Defendant was driving a vehicle with alcohol content of 0.110% under the influence of alcohol while driving the center line, and making a left-hand turn at the left-hand level. The Defendant received the part prior to the driver's seat of the ESP car driven by the victim D (W, 49 years old) who stops in the signal waiting at the same level, in front of the said vehicle.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as dump dump, tension, etc. which requires treatment for about 20 days.

2. On October 28, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving a vehicle with three-way alcohol concentration of at least 0.110%, without obtaining a driver’s license, at a section of about 100 meters from a two-way drinking road in order to the front intersection of an apartment apartment in front of the same Eup/Myeon, both of which are located at a two-way speed from the water-on-on speed to the water-on speed of an apartment in front of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, survey report on actual condition, field photographs, inquiry into the results of crackdown on the driving of drinking, report on the circumstantial statement of a driver taking driving, and register of driver's licenses;

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

1. The point of causing bodily injury resulting from occupational negligence in the relevant legal provisions concerning the crime: The Road Traffic Act, Article 3(1), the proviso of Article 3(2), Article 3(2)2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

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