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(영문) 울산지방법원 2014.05.22 2014고단637
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2014, at around 21:50, the Defendant driven a motor vehicle of 0.115% of blood alcohol concentration without a motor vehicle driver’s license, and proceeds from the road, in front of the police box in Ulsan-gun, Seosan-gun, Ulsan-gun, Seosan-gun, to the sub-nicker in the direction of the Busan-Eup office.

At this point, the victim C(the age of 36) driver's automobile under the signal, etc. was in the front door, and thus, the person engaged in driving of the motor vehicle had a duty of care to prevent the accident by driving the motor vehicle in advance by safely driving it, such as making the front door well and operating the steering and steering system accurately.

Nevertheless, the Defendant neglected this and found the victim's vehicle late and operated it to avoid this, but did not avoid being faced with the Defendant's vehicle, and shocked the victim's vehicle behind the vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as cinal salt, which requires approximately two weeks of medical treatment, and sustained injury to the victim E (the 31 years of age), who is the passenger of the victim’s vehicle, such as cinal salt, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Reporting on internal affairs;

1. Each written diagnosis;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and between the crimes of violation of the Special Act on the Settlement of Traffic Accidents);

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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