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(영문) 울산지방법원 2013.10.10 2013고단2512
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 12, 2013, the Defendant was under the influence of alcohol at around 0.109% of blood alcohol concentration, and the Defendant was driving a B-to-purd vehicle from the section of approximately 800 meters from the front of the back-to-west restaurant to the same new speed-friendly vehicle without a driver’s license, in the state of under the influence of alcohol at around 21:30 on April 12, 201.

2. On April 12, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-to-pur vehicle. On April 12, 2013, the Defendant driven the said vehicle on the front of the Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do, 1238-1, and driven the said vehicle at a speed of about 50 km one way per hour among the two-lanes in the direction of alcohol.

At night and its location is the commercial road in front of the person passing through the road, and the defendant was followed by the victim C (the 45 years old) drive ahead of the same direction, and thus, the driver had a duty of care to accurately operate the steering gear and brakes and safely.

Nevertheless, the Defendant did not see that the above taxi was stopped to get customers on board due to the negligence of driving the taxi while driving the taxi under the influence of alcohol, and continued the taxi as it is, and received the above taxi by driving the taxi with the driver in front of the sod vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and on-site photographs of the police;

1. A report on detection of a police driver;

1. License register;

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

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the same Act;

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