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(영문) 울산지방법원 2017.04.25 2017고단342
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Criminal facts

1. On September 23, 2016, the Defendant was driving a D-string vehicle under the influence of alcohol content of about 0.174% at the section of about 1km from the C-ray in P-si, Yangsan City, B to the 12-lane 43 in spring of the same hour at the same time.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of a motor vehicle with the above highest bid.

At the time of paragraph 1, the defendant driving a vehicle with the above highest speed, and led a road without the classification of the two lanes prior to the above C Mart to the non-speed speed from the Yan apartment room to the Yansan City Museum.

At the later end, the F SP car driven by the victim E (WW 30 years old) was driven by the Defendant’s vehicle, and thus, the driver of the vehicle had a duty of care to look at the right and right of the rear and right of the vehicle well and to prevent the accident in advance by accurately manipulating the steering and operation of the steering system.

Nevertheless, the Defendant neglected to do so and was negligent in under the influence of alcohol as set forth in paragraph 1, and received the front part of the above SPP car as the second part of the vehicle behind the above sPP car.

Ultimately, the Defendant suffered from the Defendant’s injury to the Defendant’s base and tension, which requires approximately two weeks of treatment by occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Criminal place, report on the occurrence of a traffic accident, report on the detection of any violation of the Road Traffic Act (driving of alcohol), report on the circumstances of a driver driving a drinking, report on the results of crackdown on drinking driving, report on the actual condition, and on-site photograph

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Offense and the Injury caused by negligence in the course of performing duties: Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Offense; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act; Imprisonment with prison labor;

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