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(영문) 울산지방법원 2017.12.14 2017고단3706
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a G car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 30, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.054% in the blood transfusion around 01:22, while driving the said car, and driving it over three-lanes in the direction of the Ulsan National Science and Technology University, along the three-lanes in the direction of the Ulsan National University.

In such cases, a person engaged in driving service has a duty of care to prevent accidents and to drive safely by viewing the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, as long as the Defendant neglected the duty of care under the influence of alcohol as above, the Defendant 1 got a victim I who crosses the road without permission on the right side from the left side of the right side of the Defendant’s running direction to the right side of the Defendant.

Ultimately, the Defendant caused the victim to suffer from the injury to the right to the right of the satisfaction, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said car with alcohol content of 0.054% under the influence of alcohol at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has been decided on the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended sentence (the existence of previous convictions of the same kind of drinking or the degree of the injury of the victim shall be taken into account, but the road above at the time.

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