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(영문) 울산지방법원 2016.10.20 2016고단3128
교통사고처리특례법위반(치상)등
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 August 5, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B B B B B B B B B BY car under the influence of alcohol level of 0.134% on a 0.134% of the blood alcohol level, and led the road front of a bus terminal located in the Yangsan City, Yangsan City, one road in the Yangsan City, Yangsan City, to a two-lane of the two-lanes of the two-lane distance from the view of the Yangsan City, from the view of the water protection.

At the time, it was at night and there was a three-distance intersection where the center line of the yellow-line line is installed, so there was a duty of care to thoroughly operate the motor vehicle driving service with the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving a stroke while under the influence of alcohol, and stroke the left-hand turn-hand turn-out at one lane adjacent to the above intersection due to the negligence of strokeing the central line. The Defendant was driven by the victim C, who was waiting to turn-out to the left-hand turn-hand turn-on on the left-hand side of the said stroke-ri car.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim C (the 27-year-old) such as salt, tensions, etc., of the rash, which requires treatment for about two weeks, and rash dysium and tensions that require treatment for about three weeks to the victim E (the 62-year-old) who is the passenger of the rash vehicle.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said Tball vehicle in the state of alcohol alcohol concentration of approximately 0.134% from the 1km section from the 1km section to the place where the said traffic accident occurred, on the road located in the commercial premises entrance, Nam-dong, Nam-dong, Yangsan-si, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Each photograph;

1. Report on circumstantial statements of a drinking driver, report on the results of the control of drinking driving, and notification of the completion of correction;

1. The user ledger of the measuring instruments for drinking;

1. The driver's license ledger, the vehicle register, and the vehicle register;

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