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(영문) 울산지방법원 2020.09.11 2019고단4860
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 20, 2019, the Defendant received a summary order of KRW 8 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on September 20, 2019.

【Criminal Facts】 The Defendant is a person engaging in driving a BMW car.

On September 30, 2019, the Defendant was under the influence of 0.102% of blood alcohol concentration at around 19:50, while driving the said vehicle and driving the vehicle along the lane to the left to the left from the 3-lanes of Samsan-gu, Ulsan-gu, the Defendant was under the influence of driving the said vehicle at the speed of 0.10%, and the front part of the victim E (55 years old) driving ahead of the F-si driving of the victim E (55 years old) driven to the left to the left-hand part of the front part of the said vehicle, due to the occupational negligence that was driven by the center line of Samsan-dong, Busan-dong, Pul-gu, Seoul-gu, Busan-do, the upper part of the 3-lane-do driving of the said vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as sugars, without two or more shops in need of open medical treatment for about two weeks, on the part of the Defendant, and on the part of the victim G (the 43-year old age), who was aboard the said taxi, the Defendant suffered injury to the victim G (the 43-year old age) who was in need of medical treatment for about two weeks, and violated the provision on the prohibition of drinking driving at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of a traffic accident, report on the actual condition, on-site photographs, white booms image, and each diagnosis report;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Inquiry reports, such as criminal records, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of two copies of written judgments;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Punishment;

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