logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.08.22 2013고단1742
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. Around 14:40 on January 31, 2013, the Defendant, without a driver’s license, driven D Poter truck at a 1km section from the 538th Do in Ulsan-gun, Ulsan-gun, Busan-do, to the fest road of the horizontal medicinalter located in the same Ri, while under the influence of alcohol by 0.064% of the blood alcohol concentration without a driver’s license.

2. On January 31, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of DPoter cargo. On January 31, 2013, at around 14:40, the Defendant was driving the said cargo under the influence of alcohol without a driver’s license, and was driving the said cargo under the influence of alcohol, and was driving the said cargo on the direction of virtue on the side of the Sammpung-si, Busan Metropolitan City, Seogsan-gu, Busan Metropolitan City.

Since there is a parked vehicle on the front side of the road, the person engaged in the driving duty of the motor vehicle has a duty of care to prevent the accident in advance by checking well the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol without a driver's license, went along as is while neglecting to do so, brought the back part of the Fpoter Cargo Vehicle owned by E, which was parked on the road, into the right side of the Defendant.

Ultimately, the Defendant suffered injury to the victim G, who was accompanied by the aforementioned D Poter cargo vehicle operated by the Defendant due to such occupational negligence, including approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and on-site photographs of the police;

1. A report on detection of a police driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1.Article 40 of the Criminal Code of Trade and Trade.

arrow