logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.07.17 2015고단949
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

1. Around 20:45 on March 31, 2015, the Defendant driven the said rocketing vehicle owned under the influence of alcohol content of about 0.138% from the section of approximately 300 meters from the public parking lot located near Ulsan-dong, Ulsan-dong, Ulsan-dong to the 29th square-dong, Ulsan-dong.

2. On March 31, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) followed the two-lanes between the two-lanes of the square of Ulsan-dong 29, Ulsan-dong, Ulsan-dong, the upper radiation distance from the boundary of the intersection of the intersection of the amamblance and the upper radiation distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to safely drive the motor vehicle in a safe manner, such as the electric traffic, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected the foregoing, and neglected to continue so while under the influence of alcohol, and caused the following parts of the victim C(the age of 43) driver who was standing in the front of the direction of the Defendant’s proceeding to shock the parts of the Ethractor connected to the Ethctor, which was connected with the Ethctor, in the direction of the Defendant’s proceeding.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

arrow