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(영문) 울산지방법원 2018.06.12 2018고단840
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a cuss car in B.

On February 2, 2018, the Defendant driven a vehicle under the influence of alcohol content of 0.084% in blood, and driven a three-lane in the northwest-gu, Ulsan-gu, Chungcheongnam-gu, Northwest-gu, Seoul-do, the flow of three-lanes from the northwest-gu, Ulsan-do, the flow of three-lanes into the speed of about 30km in speed depending on two-lanes.

In this case, the driver of a motor vehicle has a duty of care to take the left and right well before and after, and to prevent the accident by accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant was negligent in driving a motor vehicle while driving the motor vehicle at the front side of the motor vehicle of the Defendant, and the victim C (V, 46 years old) was driving the motor vehicle at the front side of the motor vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On February 2, 2018, the Defendant was under the influence of alcohol content 0.084% in blood, on February 2, 2018, the Defendant driven a coo car in B from the section of approximately 2.4 km from the front day of the Roman-gun, Ulsan-gu, U.S., U.S., U.S. to the New Triho-gu, Ulsan-gu, U.S., U.S., U.S., U.S., to the North Tri-gu, Ulsan-gu, U.S., U.S.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A traffic accident occurrence report, a survey report on actual condition, and inquiry into the results of crackdown on drinking driving, and a statement of the situation of the driver under driving;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning a crime, Article 268 of the Criminal Act (the occupational and de facto choice, the choice of imprisonment without prison labor), Article 148-2 Subparag. 3 and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor) concerning a crime;

2. Article 37. Aggravation of the Criminal Code

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