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(영문) 울산지방법원 2014.12.04 2014고단3010
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. The defendant is a person who is engaged in driving a vehicle B in driving the vehicle B;

On August 18, 2014, the Defendant driven B vehicles under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.235% from the front line of the metaste in the north-gu, Ulsan-gu, Ulsan-do to the Maviscar, located in the samejin-dong.

2. On August 18, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) led the Defendant to proceed from the merpt side of the Mavisca road located in the north-dong, Ulsan-gu, Ulsan-gu.

In such cases, there was a duty of care to prevent accidents in advance by reporting the traffic situation in front and safely driving the driver of the vehicle.

Nevertheless, the Defendant, while neglecting the influence of alcohol and neglecting it, was translified by the victim C (the 48-year-old) driving in the same direction at the front section of the same direction and was led to the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the Defendant, which requires approximately two weeks of medical treatment due to occupational negligence as above, due to the Defendant’s negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the notification of completion of correction, and the inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate of general repair expenses;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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