logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.12.09 2016고단2112
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On April 16, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a motor vehicle with Centent alcohol concentration of 0.093%, and proceeded with a three-distance in front of “Eju station” located in Ulsan-gun, Ulsan-gun, Ulsan-gun, with a three-distance distance from the “Ensan-ri” room at the “Ensan-ri,” a speed of about 60km.

At all times, there is a center line of yellow solid lines, and at night, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in his/her own lane after turning the headlight and checking the location of the center line well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn on headlights, was due to the occupational negligence of running the center line with it as it is. The Defendant received the front part of the victim F (ma, 57 years old) driving G new character car, which was under normal driving in the direction of the proceeding, as the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence of the defendant, the victim suffered bodily injury, such as the mouth of the alley that requires treatment for about eight weeks.

2. The Defendant, in violation of the Road Traffic Act, driven a motor vehicle in the state of alcohol alcohol level of about 0.093% at a distance of about 2 km from the Do adjacent to the "Ejunsan-gu Seoul Metropolitan City Densan Park" in paragraph (1) to the direction of the "Eju station" located in D at a distance of about 10km.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I;

1. The police statement concerning F;

1. Report on the circumstantial statement of a drinking driver and the ledger of use of a drinking instruments;

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the on-site photographs and CCTV closure screens;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Paragraph (1) of the same Article: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act contain also the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

arrow