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(영문) 울산지방법원 2017.06.15 2017고단606
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with detached motor vehicles from B.

On February 10, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.110% during blood alcohol level around 00:35, and driven the road of five-lane in front of the agricultural and fishery product market located in the Nam-gu Busan Metropolitan City, Chungcheongnam-gu, Ulsan-do, Ulsan-do, at the speed of 50km in the length of the terminal, along two-lanes.

At the time, there are nights and vehicles standing in the signal atmosphere, so there was a duty of care to prevent accidents, such as closely examining 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 of operation

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and was negligent in driving the vehicle in the same way as that of the mastheading bank, and received the victim C's rocketing taxi and the driver behind the vehicle in front of the Defendant's driver's car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. On February 10, 2017, the Defendant, in violation of the Road Traffic Act (drinking driving), driven a B-hurged vehicle with approximately 1.3km alcohol level of about 0.110% in the section of approximately 1.3 meters from the south-gu, Ulsan-si to the long distance in the agricultural and fishery product market located in the same Samsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination report on actual condition and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to diagnostic certificates and 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. Selection of penalty;

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