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(영문) 울산지방법원 2016.08.24 2016고단2438
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

1. On May 27, 2016, the Defendant was driving a DN driver’s vehicle while under the influence of alcohol content of 0.125% in the blood on the front of C on the road located in Yangsan-si B at Yangsan-si, a level of alcohol level of around 08:00.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DNA car.

On May 27, 2016, the Defendant came to turn to the left at the seat of the tri-dong from the discharge of the gas station in Korea, depending on the two lanes of C front C in Yangsan City, Yangsan City, the two lanes.

A driver, who is engaged in driving service, has confirmed the safety of the course by properly examining the right and the right and the left before the left and had a duty of care to make a left-hand turn, but the defendant was negligent in drinking and left-hand without neglecting it, and the defendant was driven by the victim E (temporary) who was driven by the left-hand turn at the right and right-hand side of the motor vehicle in front of the right-hand side of the defendant's motor vehicle.

As a result, the Defendant suffered injury, such as salt, tensions, etc., in need of approximately three weeks of medical treatment by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Application of each statute on photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has been decided on the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that human and material damage caused by driving under the influence of alcohol has been realized, the fact that there was a history of punishment of a fine for driving under the influence of alcohol before, and the result of drinking is 0.0.

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