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(영문) 울산지방법원 2016.04.12 2015고단3265
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

On October 25, 2015, the Defendant, while under the influence of alcohol of 0.153% during blood, driven a car by driving it, and driven a car at a speed of 30 to 4-40 km per hour on the side of the parallel of the Nam-gu, Ulsan-gu, Ulsan-do along the intersection of the other parallel of the name of Ulsan-gu.

At the time, the vehicle signal on the front direction of the defendant was changed to a stop signal, so in such a case, the defendant engaged in driving the motor vehicle had a duty of care to observe and operate the signal.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded in violation of the signal and proceeded with the above signal, and took part of the body of the victim C (V, 46 years old) crossing the above road to the left-hand side from the right-hand side of the Defendant’s running direction in accordance with the pedestrian signals, as well as the front part of the said car.

The Defendant suffered injury to the victim, such as a thring of 8 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Each photograph;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation and the occupation of imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 38 (2), and Article 50 of the said Act (within the scope of the sum of long-terms);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents of Type 1 (Bodily Injury resulting from Traffic Accidents) is serious (Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1)(Article 3(1)(Article 3(1)(Article 3(1)(Article

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