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(영문) 울산지방법원 2017.09.19 2017고단2775
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a BSP car.

On June 15, 2017, the Defendant was proceeding in the middle-gu Seoul Special Metropolitan City, Ulsan Metropolitan City, about 22:25, along the two-lanes from the direction of the half of the Gu death distance to the school sex.

A person engaged in driving service shall not drive in the state of drinking, and has a duty of care to drive safely by thoroughly performing the duty of prior drinking.

The Defendant, while under the influence of alcohol content 0.196% in blood, was driven by the victim D (D, 26 years old) who stops in the atmosphere of the signal due to negligence while driving the vehicle while neglecting the duty of an ex-way drinking, and was driven by the victim D (D, 26 years old) in front of the said SP car.

As a result, the Defendant, by negligence in the course of performing his duties, sustained injury to the victim victim D, victim F (F, 26 years of age), G (G, and 48 years of age), etc. in need of approximately two weeks of medical treatment, and suffered injury to the victim H (H and 30 years of age) who was on board the said van, for approximately two weeks of medical treatment.

2. On June 15, 2017, the Defendant driven B SP car under the influence of alcohol content of 0.196% in a section of approximately 500 meters from the day before the end of the port in Ulsan-gu, Ulsan-gu to the day after the end of the port in Ulsan-gu to the same 305-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiry into a traffic accident occurrence report, actual condition investigation report, estimates, photographs, written request for cooperation with an investigation, circumstantial reports on drivers at home, and the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes to report investigation and internal investigation;

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 criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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