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(영문) 울산지방법원 2019.03.14 2018고단3596
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On September 22, 2018, the Defendant driven the said vehicle at a speed of 0.180% with blood alcohol level of 09:20%, and driven the said vehicle at a speed of about 10km from the waterway to E at a speed of about 10km.

At the same time, there was a concentration of houses, and there was a person driving a road at the time, so there was a duty of care to prevent accidents by reducing the speed and by checking the safety of pedestrians at sufficient intervals while living in the vehicle driving business.

Nevertheless, the Defendant neglected this and continued to go on the road as the front part of the operation of the said car, and received the Victim F (F, 66 years of age) who was walking on the road.

As a result, the Defendant suffered approximately eight weeks of treatment due to the above occupational negligence from the victim's alleys, slots, and slots to the right side.

2. Around 09:20 on September 22, 2018, the Defendant was driving a vehicle of 100 meters of blood alcohol level from the section near H located in Ulsan-gu G to the front road located in Ulsan-gu C, Ulsan-gu, Seoul-do, while under the influence of alcohol by 0.180% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written statement of I;

1. A medical certificate;

1. Application of Acts and subordinate statutes to any inquiry into the results of the control of drinking driving, any report on the circumstantial statement of the surrounding driver, and any investigation report;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (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 (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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