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(영문) 울산지방법원 2016.09.27 2016고단2610
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 8, 2009, the Defendant was sentenced to a suspended sentence of two years in August 2008 due to a violation of road traffic law (drinking driving) in the Western Branch of the Daegu District Court. On June 25, 2008, the Defendant was sentenced to a summary order of 2.5 million won for the same crime in the same court.

On June 4, 2016, the Defendant was under the influence of alcohol level 0.078% during blood transfusion around 16:10, and was under the duty of care to prevent accidents by accurately manipulatinging the front bank and the left and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and went to the right side of the victim C(28 years old) driving with one lane in the same direction due to the negligence of driving a stroke while under the influence of alcohol as above. The Defendant was placed on the left side of the Defendant’s car.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act on more than two occasions, was driving a motor vehicle under the influence of alcohol, and was negligent in performing the above duties and caused the victim to be faced with a scarcity of a scarcity that needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Blue image data of black boxes;

1. Each photograph;

1. A report on detection of the driver at the main place, a written statement of the driver at the main place, a written inquiry about the results of crackdown, and a notice of the completion of correction;

1. A medical certificate;

1. The Insurance Certification Board;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 3(1) and the proviso to Article 3(2)8 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 (the occupation and loss of duties, the choice of imprisonment without prison labor), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the occupation of drinking 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. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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