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(영문) 울산지방법원 2016.01.13 2015고단2769
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 26, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) was a person engaging in driving of the C-A-hurd passenger vehicle; (b) was driving the said passenger vehicle at around 00:09, and (c) was driving in the B-hurg D-gu Multi-rural Zone in the direction of the north-hurging road from the north-

At the time, they were nights, and there was a duty of care to safely drive the driver by properly operating the steering and steering system, in such cases, the driver had a duty of care to safely drive the driver by properly operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and found the victim D (18) crossing the road due to the negligence of entering the intersection while under the influence of alcohol at a late time, and received the victim from the front part of the passenger vehicle and the front part of the passenger vehicle.

As a result, the Defendant caused the death of the victim due to such occupational negligence in the East River Hospital located in Ulsan-gu 239, Ulsan-gu, where the victim was transferred at around 04:04 on the same day.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the said car under the influence of alcohol content of approximately 6 km from the front day of the Central Hospital in the south-gu Office of Ulsan-gu, Seoul-gu to the long distance in the middle-gu Dial Movement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a person driving alcohol and the choice of a person sentenced to imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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