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(영문) 울산지방법원 2020.10.23 2020고단2625
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car B high-speed car.

On May 24, 2020, at around 07:19, the Defendant driven the said car with a alcohol content of 0.143% 0.19%, and led the two-way radius in Ulsan-gu, U.S., U.S., U.S. to D located in U.S., U.S., U.S., U.S.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to keep the signal well to the person engaged in driving the motor vehicle and to prevent the accident by safely driving the motor vehicle, such as making a good report on the traffic situation and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant was under the influence of alcohol and by negligence driving in violation of the signals of the Defendant’s driving on the right side of the F Blue City bus driven by the victim E (E, 55 years old) with the right side of the school park, which is the right side of the Defendant’s driving direction, with the front part of the passenger car.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.143% under the influence of alcohol in the section of approximately 2 km from the area near the Nam-gu G department store in Ulsan-gu to the half-gu radius in the same city and Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a report on the actual condition, on-site photographs, CCTV-faging photographs, CCTV CDs, and medical certificates;

1. Application of Acts and subordinate statutes to any inquiry into the results of the crackdown on drinking driving, any report on the circumstantial statement of a drinking driver, and any circumstantial statement of each drinking driver;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;

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