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(영문) 울산지방법원 2018.09.13 2018고단1883
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 a rocketing vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 2, 2018, the Defendant driven the said rocketing vehicle under the influence of alcohol level of 0.127% among blood transfusion around 08:00, and driven the said four-lane in front of the school, who is in the north west-ro 777, Ulsan-gu, Ulsan-gu, Ulsan-gu, the Defendant continued to drive approximately 30km in speed from the Gu office to the West-dong route along one-lane.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation of the operation system and the steering gear.

Nevertheless, Defendant 1 was under the influence of alcohol and was negligent in proceeding without being negligent, and the part of the back part of the E QM6 vehicle driven by the victim D (32C) who was stopped for signal waiting at the front direction of the running direction of the said rocketing other vehicle was driven by the front part of the said rocketing other vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) driven the above rocketing vehicle under the influence of alcohol content of approximately 0.127% in the 4km section from the Do located in the 30-lane 41, such as Ulsan-gu, Ulsan-gu, Ulsan-do, North-do, Ulsan-do, to the front road of the school, located in the 777-ro north-do, Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Investigation report (report on the situation of the driver in charge); and

1. Consent to blood collection and written confirmation;

1. Application of the statutes of response to requests for blood appraisal;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) concerning criminal facts, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking), and Article 144(1) of the same Act concerning each sentence of imprisonment.

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