(영문) 울산지방법원 2018.04.05 2018고단330

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.04.05 2018고단330

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 service of a vehicle B with low investment risk.

On December 4, 2017, the Defendant driven the above car at around 21:39, while driving it along the two-lanes of the two-lane ahead of Ulsan-gu, Ulsan-gu along the yellow distance from the yellow side to the academic intersection.

Since there is a signal, the driver has a duty of care to safely operate the steering system by accurately manipulating the steering and steering system.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving a vehicle without a driver’s license while neglecting the above duty of care, and the Defendant was under the influence of the Defendant’s driver’s duty of care in the front direction of the vehicle driving of the victim D (W, 29 years old) who was waiting for the signal at the front direction of the vehicle driving of the Defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

2. The Defendant, without a driver’s license, driven a vehicle B with low alcohol level of 0.175% under the influence of alcohol level without a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Application of Acts and subordinate statutes to a report on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

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

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

참조조문

유사 판례

-수원지방법원 평택지원 2017.08.16 2017고단626

-대구지방법원 2017.03.30 2017고단345

-울산지방법원 2017.04.25 2017고단97

-의정부지방법원 2017.05.30 2016고단5543

-울산지방법원 2018.02.23 2017고단4396