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(영문) 울산지방법원 2017.11.01 2017고단3007
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of one year 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 cuss car in B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 21, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% among blood transfusions on March 21, 2017, and led to the intersection of four-lanes in front of the underground vehicular road at the water level in Yangsan-si at Yangsan-si, along the two-lanes from the water basin to the Yangsan Police Station at the speed of about 30km.

Since the location is an intersection where signal lights are installed, there was a duty to pay attention to a person engaged in driving of a motor vehicle in such cases to prevent the occurrence of an accident by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and negligently driven by the Defendant on the part of the driver's seat of the said car driven by the Defendant in violation of the signal, and received the victim C(26 tax) who is under the right-hand turn to the left-hand turn from the 1st apartment of the Hansan Police Station at the right-hand turn to the normal new line from the 1st apartment of the Hansan apartment zone, and suffered approximately three weeks of chills and tensions in need of medical treatment for the victim.

Ultimately, the Defendant caused the injury to the victimized person by occupational negligence above.

2. The Defendant violated the Road Traffic Act (drinking) driving a cubing car under Paragraph (1) while under the influence of alcohol leveling 0.161% from the front of the yellow field apartment in the water-Eup at the time of Yangsan-si at the time of the day referred to in paragraph (1) to the underground vehicular road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Injury caused by a failure to perform the duty of selecting a punishment: Article 3(1) and the proviso to Article 3(2)1 and 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 of the Road Traffic Act;

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