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(영문) 울산지방법원 2018.09.06 2018고단2235
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B car car.

On June 18, 2018, the Defendant driven a car with the above car siren around 17:57, and proceeded at a speed of about 60km from the east-gu, Ulsan-gu, Ulsan-do to the 637-1-lane road.

Since this is the bend head of a bend, there was a duty of care to prevent accidents due to the person engaged in the driver's duty of care in the driver's duty of care.

The Defendant was negligent in driving a direction sign installed on the road side at the time of driving in a breath state of alcohol level of 0.162% while in the blood, and received the direction sign in the front part of a car in a car with a car.

Defendant 1 suffered injury, such as cathere, which requires approximately 10 weeks of medical treatment, to the victim C who was on board a car in a car with the foregoing occupational negligence.

2. On June 18, 2018, the Defendant: (a) driven B car with alcohol content of at least 0.162% from the section of approximately 4km from the 17:57, Ulsanbuk-gu, Ulsan-do to the 637-1, old-dong 637-1, the Defendant driven a B car with alcohol level of at least 0.162%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, photographs, the statement report on the situation of the driver at the main place, and the confirmation document for release on entry;

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, the imprisonment without prison labor and the choice of imprisonment with prison labor;

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 Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for community service and order to attend lectures;

1. The scope of punishment recommended on the sentencing criteria [the scope of the recommended punishment] general traffic accidents;

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