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(영문) 울산지방법원 2017.01.24 2016고단4583
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and a fine of KRW 5 million by the same court on March 18, 2015.

1. On November 17, 2016, the Defendant was driving a B rocketing car under the influence of alcohol concentration of about 0.144% at the front of the string road to be determined in the north-gu, Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., on the front of the cafeteria, in the direction of approximately 8km to be determined on the road in front of the cafeteria-gu, Ulsan-gu, U.S., U.S....

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car at the time of the above day and driving it along the two-lanes in front of the string of the Switzerland, which would be to be determined in the drive of the said car at the time of Ulsan-gu, Ulsan-do.

At all times, a person engaged in driving of a motor vehicle with a large width crossing has a duty of care to properly see the opposite vehicle vehicle and accurately operate the steering gear and safely drive the opposite vehicle. However, while under the influence of alcohol, the defendant, while driving the motor vehicle, he was at the left by hand, while driving the motor vehicle, he was at the left and left left at the door of the modern motor vehicle stop, and the victim C (28 years old) who was driven by the victim C (28 years old) who was driving on the opposite vehicle, was under the influence of alcohol and suffered injury, such as catal salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site map;

1. Each photograph;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Each investigation report and report on the results of investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant provisions of the Act concerning facts constituting an offense;

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