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(영문) 울산지방법원 2021.01.27 2020고단2987
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Belgium car.

On May 31, 2020, the Defendant driven the said car under the influence of alcohol content of 0.076% in blood at around 04:40 on May 31, 2020, and driven the front of Ulsan-gu C, Ulsan-gu, with the view to the string distance of solar dust at the school level, along the two-lanes.

At night and where a center line is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the right and the right of the front, and by accurately manipulating the steering and the head of the Dong.

Nevertheless, the Defendant neglected this and led the victim D (Seoul, 63 years old) driving on the opposite opposite lane due to the negligence of driving the central line, which led to the front part of the Belgium car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc., in need of approximately two weeks of treatment, the injury to the victim F, who is the passenger of the said taxi (hereinafter referred to as the “victim F, 41 years of age”), the injury of the inside of the floor that requires approximately eight weeks of medical treatment, and the injury to the victim G (hereinafter referred to as the “F, 47 years of age”), such as duplicing of the cupf that requires approximately six weeks of medical treatment, respectively.

Summary of Evidence

1. A statement under the actual condition of the defendant's legal statement, and a statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to each of nine copies of the report on the circumstances of the driver working at the State, the photograph of the scene of the accident on which the management of the report is sought, and the screen on which the report

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. The crimes provided for in Articles 40 and 50 of the Criminal Act among crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be committed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

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