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(영문) 울산지방법원 2013.03.28 2013고단361
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 30, 2009, the Defendant was sentenced to one year of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) at the Ulsan District Court, and was released on August 13, 2010 during the execution of the sentence at the astronomical Open Prison, and the parole period passed on November 2, 2009.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle of short-term.

On October 22, 2012, the Defendant driven the said car while under the influence of alcohol 0.251% of the blood alcohol concentration around 07:45 on October 22, 2012, and continued the access road to the access road to the “T”-type intersection in front of the E-printed Office located in Ulsan-gu, Ulsan-gu.

A person engaged in driving service has a duty of care to prevent accidents in advance by driving in good manner.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing his/her duty at the front time while neglecting his/her duty at the front time, and was driven by the victim F (the 30-year old-age) who was standing in front of the intersection by the victim F (SM).

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Around 07:45 on October 22, 2012, the Defendant driven the said Cnura vehicle under the influence of alcohol content of about 0.251% at approximately 50 meters in front of the E-printing establishment in Ulsan-gu, Ulsan-gu, the Namnam-dong, and the E-printing establishment in D.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Investigation report on the actual condition of police accidents;

1. A police driver's report;

1. A medical certificate;

1. Previous records: Application of criminal records, etc., investigation reports (verification of the same kind of power and repeated period), and other Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the Criminal Act;

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