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(영문) 울산지방법원 2016.09.01 2016고단2014
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant, without obtaining a driver's license on May 18, 2016, operated B Poter truck with a blood alcohol concentration of 0.113%, and made a left left turn at about 50 kilometers per hour from the direction of Ulsan-gun, Ulsan-gun to the left left at the speed of about 50 kilometers per hour.

At this point, there is a center line of yellow solid lines, and it was a road with a large side, so there was a duty of care to prevent accidents by safely operating the vehicle driving to the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line in one lane due to the negligence of driving the center line, and received the front part of the victim C(W, 33 years old) driving in the direction of the instant car as the front part of the instant truck driving.

As a result, the Defendant caused the victim C to suffer a scambling of a chest sckele that requires approximately three weeks of medical treatment by occupational negligence as above, and at the same time damaged the said car owned by the victim E by KRW 13,564,080.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

1. Report on the state of drinking drivers, inquiry of the results of the control of drinking driving, and the register of driver's licenses;

1. A written diagnosis and written estimate for an accident;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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