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(영문) 울산지방법원 2018.07.20 2018고단891
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in driving a car in B, the test.

1. On March 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car at a distance of about 10 km from the front side of the west-gu, Ulsan-gu, Ulsan-do, U.S., a two-lane between the 406-do 2-lane and the 406-do 2-lane, and driven the said car at a speed of about 10 km.

When it is anticipated to impede normal traffic of other vehicles running in the direction to which it is intended to change course of a motor vehicle, no change of course shall be allowed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course from a two-lane to a one-lane, and was negligent in changing the course from a two-lane to a one-lane, and DTS125, which was driven by the victim C(56 years) who was going on the same direction, was shocked by the front right part of the said car, and the front part of the vehicle was shocked.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the joints of the two sides of the right, which requires approximately six weeks of treatment due to the above occupational negligence.

2. On March 15, 2018, the Defendant driving a motor vehicle with B the B test at the 1km section of approximately 1km-ro, Ulsan-gu, Ulsan-gu, U.S. 2-ro, U.S. 16, U.S. Do, under the influence of alcohol content of 0.05% in blood at around 06:12, the Defendant was under the influence of alcohol at around 06:2.16.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of a report on the occurrence of a traffic accident, on-site drug map, actual condition survey report, photographs related to a traffic accident, statement of the situation of a driver taking driving, and notification of the results of regulating drinking 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(1)2 of the Criminal Code.

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