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(영문) 울산지방법원 2018.11.27 2018고단3022
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

Criminal facts

The Defendant is a person engaging in driving a rocketing vehicle B.

1. On September 22, 2018, the Defendant driven the said vehicle under the influence of alcohol content 0.151% in blood, on September 22, 2018, at approximately 100 meters, from the roads near the salary string distance in Ulsan-gu, Ulsan-gu, Seoul-do to the roads near the 38th day of the same salary month.

2. On September 22, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) promoted the three-lane roads around the 23-lane, Ulsan-gu, Ulsan-gu, Ulsan-gu, the 38-ro, Seoul-gu, Seoul-gu, with two-lanes depending on the view of the viewing distance range from the enclosed shooting distance room.

In such cases, a person engaged in driving of a vehicle shall not drive a vehicle under the influence of alcohol, and he/she has a duty of care to accurately see the front section, the left section, and the left part of the vehicle, and to prevent the accident by operating the steering system and the steering system of the vehicle properly.

Nevertheless, the defendant was negligent in driving while under the influence of alcohol and was parked on three-lanes on the road in which he was negligent.

C The lower part of the Defendant’s vehicle was the front part of the bus.

As a result, the defendant suffered from the victim D (V, 45 years of age) who was accompanied by the defendant's head of the vehicle, for about six weeks of medical treatment.

3. The Defendant violated the Road Traffic Act (after-accident) caused a traffic accident as mentioned in paragraph (2) at the time and place specified in paragraph (2) and thereby, destroyed the Cnice bus owned by Green Tourism Co., Ltd. to the extent equivalent to KRW 1,870,000 for repair cost, and did not take necessary measures at the site of the accident, and escaped without leaving the Defendant’s vehicle alone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident-related photograph, and a report on the detection of a primary driver;

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