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(영문) 울산지방법원 2019.05.07 2018고단3440
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 5, 2018, while under the influence of alcohol of 0.198% on blood alcohol level, the Defendant driven a car at Boldo and turn to the U.S. District Court from the U.S. Park in Ulsan-gu, Ulsan-do, the Defendant suffered from the Defendant’s injury to the Defendant’s front-hand part of the DNA car and the front left-hand part of the FM car driven by the victim C (64 years old) who was under the influence of alcohol under the influence of alcohol to the U.S. District Court at the port of Ulsan-gu, U.S., where the Defendant was under the influence of alcohol and left-hand from the intersection of the private distance of 352 U.S., the Defendant got under the influence of alcohol to the U.S. District Court at the port of Ulsan-do, while driving the above intersection from the port of Ulsan-do to the U.S. Military Court, and suffered from the Defendant’s injury to the Defendant’s vehicle in front of the driver’s vehicle and the victim’s injury to the emergency.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. Each investigation report (the sequence 32,33 in the list of evidence);

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), Article 3 (2) (proviso) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. With respect to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and the crime of violation of the Road Traffic Act, each choice shall be made;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents]

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