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(영문) 울산지방법원 2019.05.08 2019고단549
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 November 4, 2018, while under the influence of alcohol 0.138% on blood alcohol level, the Defendant driven a B B-L car, and proceeds from two-lanes along two-lanes of the four-lane two lanes in front of Ulsan-gu C, Ulsan-gu, with two-lanes. As above, under the influence of alcohol, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol to take care of the part of the back part of the Fyst Lene car driven by E while stopping at the right direction of the car, and was under the influence of alcohol level, and the Defendant was under the influence of alcohol level 0.10% on November 4, 2018, and was under the influence of alcohol level 0.10, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of the victim of the said B-Lene car, and was under the treatment of the victim of the said 2-string passenger car, the victim was under the influence of the said G 2-day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared G;

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

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (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 concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the crime of violation of the Road Traffic Act, imprisonment shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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