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(영문) 울산지방법원 2016.04.15 2016고단541
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On March 1, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven B passenger cars with alcohol concentration of 0.146% at around 03:00, and driven at a speed of about 70 kilometers per hour at the distance of her direction from the distance between the side of his/her sex, along the three-lane road in front of his/her modern motor vehicle to the intersection of the name of his/her name.

At the same time, since it was difficult to keep the surrounding areas at night, there was a duty of care to prevent accidents by accurately operating the operation and steering gear of the person engaged in the driving of the motor vehicle, and by accurately operating the operation and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a stroke while being able to get the central separation stand in front of the left part of the passenger car, and as a result, the passenger car was cut down.

In the end, the Defendant suffered, by negligence in the course of business, the closed end of the part requiring about 10 weeks medical treatment to the victim C(38 tax) who was accompanied by a car.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B passenger cars within the three kilometers of approximately 3 kilometers from the day-to day-day spring of about 1-day bathing beach in Ulsan-dong, Ulsan-gu, under the influence of alcohol level of 0.146% during the day-to day-day alcohol level in paragraph 1 to the day-to-day front of the modern vehicle in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Criminal facts of the relevant criminal facts under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act and Article 268 (2) of the Criminal Act: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (elective of imprisonment);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents [the lowest penalty shall be the punishment that is provided for the crime of violating the Road Traffic Act (driving).

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