logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.09.28 2017고단3120
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On July 29, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.075% among blood transfusions on July 29, 2017, and became to enter the road of one lane near the intersection in Ulsan-gu, Ulsan-gu, U.S., U.S., into the south-dong side of the road from the side of the road to the south-dong side of the road.

In such a case, there was a duty of care to enter a road as a driver of a motor vehicle by operating direction, etc., giving prior notice of change of course, and taking into account the traffic situation at the right and the right and right.

Nevertheless, the Defendant neglected to enter the left-hand side of the road while under the influence of alcohol and caused the victim to go beyond the ground by taking the front part of the victim C's DNA driving on the same direction while driving the road.

Ultimately, the Defendant suffered injury, such as cage cage cages, etc., for about four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has been decided on the selection of punishment;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the fact that human and material damage is realized due to driving under the influence of alcohol, that there has been records of punishment already received due to driving under the influence of alcohol in 2015, and that the degree of injury to the victim is serious, etc., it shall be deemed that the crime is light;

There is no power to suspend the execution of the same kind.

arrow