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(영문) 울산지방법원 2018.08.21 2018고단1812
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a B carren vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 11, 2018, the Defendant driven the above car sirens vehicle with a alcohol content of 0.082% among blood transfusion around 06:10, while driving the above car sirens vehicle in Ulsan mid-gu, the Defendant turned off the monthly light route from the side of the pharmaceutical frame to the eternal direction of about 20km along three lanes.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by accurately operating the brake and steering gear.

Nevertheless, under the foregoing circumstances, Defendant 1 was under the influence of alcohol and neglected to do so, and the part of the front panion part of the Diale vehicle driven by the victim C (37 S) who was parked in a stop for signal waiting at the rear of the said car siren vehicle was under the influence of the Defendant’s back string part of the said car siren vehicle.

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

2. Violation of the Road Traffic Act (drinking) was driven by the Defendant from a Do located in the middle-gu, Ulsan-gu, Ulsan-gu, 17-gil, to a breathing light located in Ulsan-gu, a day-to-day, the Defendant driven the said car-to-day vehicle while under the influence of alcohol of about 0.082% of alcohol content in blood, from a 7km section, to a day-to-day light in Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a survey report on actual conditions and field photographs, inquiry into the results of crackdown on drinking driving, and a statement of the circumstances of the driver placed at driving;

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

1. Relevant legal provisions concerning criminal facts and the point of causing bodily injury from occupational negligence in the choice of punishment: Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, the

1. The former part of Article 37 of the Criminal Code, and Article 38.

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