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(영문) 울산지방법원 2018.07.26 2018고단1055
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a sports car in D amount.

On March 25, 2018, the Defendant driven the above car at around 20:45, and entered the industrial tower intersection in Ulsan-gu New-dong, Ulsan-gu, Seoul-do, along the two-lanes, to drive the said car at an unfold speed.

Since there are frequent traffic of vehicles and traffic signals installed, the driver of the vehicle has a duty of care to prevent accidents, such as thorough operation of the steering company in a clear mind, and accurate operation of the steering and steering devices, etc.

Nevertheless, the Defendant neglected this and did not stop while under the influence of alcohol while driving the electric direction signal while being in the influence of alcohol, and was negligent in proceeding without stopping, and the part of the victim E (e.g., the 31-year-old driver) who entered the normal new line on the right side of the same intersection was in the direction of the driving car of Defendant E (i.e., the 31-year-old driver).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as Dam tymal typosis, which requires treatment for about two weeks.

2. On March 25, 2018, the Defendant: (a) driven a D-e-sports car under the influence of alcohol content of at least 0.11% in a section of about 200 meters from the front of a restaurant to the route of the industrial tower located in the same Dong and located in the south-gu New-dong, Ulsan-gu, Seoul-do; (b) around 200:45, the Defendant driven a D-e-sports car under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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 medical certificate;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty) and the Road Traffic Act concerning criminal facts.

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