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(영문) 울산지방법원 2017.04.12 2017고단95
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 18, 2016, the Defendant driven BSM 5 automobiles while under the influence of alcohol with approximately 0.127% alcohol concentration at the section of approximately 1 kilometer 5th apartment house in Pyeongtaek-dong, Yangsan-dong, Yangsan-si, the 501 p.m. on the road located in Pyeongtaek-dong, Yangsan-si, Yangsan-si, Yangsan-si, in the direction of approximately 1 kilometer.

2. The Defendant is a person who is engaged in driving a IM 5 car in accordance with paragraph 1 of this Act.

On December 18, 2016, the Defendant driven the above car at around 23:30 on December 23:30, 2016, and led to two-lanes in front of the fifth apartment in the Pyeong-dong in Yangsan-si, Yangsan-si, to proceed along the two-lanes from the Hyeong-dong to the Jungdong-dong.

At all times, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by maintaining the signal.

Nevertheless, as stated in paragraph 1, the Defendant suffered injury, such as salt, tension, etc. in need of two weeks of treatment by shocking the side of the victim C(45 years) who was driven by the victim C(45 years) under the new code from the left side of the direction of the Defendant’s proceeding by negligence in the course of duties passing through the intersection in violation of the signal while under the influence of alcohol, and caused the victim to face the damaged vehicle by shocking the side of the vehicle to the front end of the above SM5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's vehicle and notification of the result of the control of drinking driving to the accused (A);

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual condition and an accident scene photograph (per 12 copies);

1. Application of Acts and subordinate statutes (C);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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