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(영문) 울산지방법원 2017.04.25 2017고단344
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than nine months.

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

Reasons

Criminal facts

On January 25, 2017, the Defendant driven a two-lane road near the construction site in Ulsan-gun, Ulsan-gun, 0.216% of alcohol content while under the influence of alcohol on January 15:50, 2017, at the 0.216% of the blood alcohol content, and entered the place where a block is installed due to the road construction work, driving a two-lane-lane-lane-only vehicle around the construction site in Ulsan-gun, Ulsan-gun, a Ulsan-gun, a project site, with Ulsan-gun, into the non-speed speed.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right and the right of the motor vehicle and to drive the motor vehicle safely, the defendant, while under the influence of alcohol, was in front of the motor vehicle driving of the victim C(30 years old) driving, driving the motor vehicle with the front part of the 4.5 tons of cargo vehicle in front of the motor vehicle driving of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, the degree of harmfulness, the notification of the results of crackdown on the driving of alcohol, the circumstantial report on the driver of drinking, the inquiry into the results of crackdown on the driving of alcohol, on-site photographs, and the survey report on actual condition of report; and

1. Application of each investigation report (police officers, and telephone investigations) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the driving of selective drinking of punishment: The occupation of a person causing bodily injury resulting from occupational negligence in the course of choosing a punishment by imprisonment, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 3 (1) and 3 (2) (proviso) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be imposed by aggravated punishment for concurrent crimes with the punishment prescribed for a heavier serious crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, but the lowest punishment shall be imposed by the punishment prescribed for a crime of violation of the Road Traffic Act);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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