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(영문) 울산지방법원 2018.10.19 2018고단1263
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 of B rocketing vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 6, 2018, the Defendant, while under the influence of alcohol around 16:00, driven the above rocketing vehicle and driven the two lanes of the 198-lane in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoyang-do, by driving the said vehicle at about 50km in speed from the side of the racing.

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, due to the negligence that the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim C (36 Does) who was stopped at the front corner of the Defendant’s driving vehicle, and then was driven by the Defendant’s driver as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim C, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury on the victim E (V, 30 years of age) who boarded the victim’s vehicle on board the victim’s driver’s vehicle, such as salt, tension, etc., for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the above B rocketing vehicle under the influence of alcohol content of 0.192% from the 5km section from the front of the entrance of the F Village located in Ulsan-gun to the road located in Ulsan-gun, Ulsan-gun, Ulsan-do, to the road located in 198.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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