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(영문) 울산지방법원 2017.11.23 2017고단3355
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car at the No. B.

On August 23, 2017, the Defendant driven the said car with alcohol content of 0.163% while under the influence of alcohol during blood, and proceeded directly toward the intersection of the private distance of the Arts Center located in the Southern-gu, Ulsan-gu, Seoul-do, the direction of the view distance from the direction of the view distance in the south-gu.

In this case, the driver has a duty of care to prevent accidents by viewing the right and the right and safely driving by observing the signal.

Nevertheless, the Defendant was negligent in proceeding with the red signal in violation of the signal while under the influence of alcohol, and the part on the front part of the Defendant’s vehicle, which was carried out in accordance with the straight line from the left side of the driving direction of the Defendant’s vehicle to the right side, and the front part of the Defendant’s vehicle by the Defendant’s vehicle by the Defendant’s front part of the victim’s Dast Ba-Sa-Sa-Sa-Sa-Sa-Sa-Sa-

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc., in need of approximately two weeks of treatment, and suffered injury on the victim E, such as salt dynasium, tensions, etc., which require approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a BN vehicle while under the influence of alcohol with 0.163% alcohol concentration in blood at the date, time, and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, E, and G preparation;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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