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(영문) 울산지방법원 2018.04.27 2018고단346
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2018, the Defendant, while under the influence of alcohol at around 00:35, the Defendant driven a 30-meter vehicle with C highest typoned 30 meters at the entrance of a third class of the Gu Tho Lake at the south-gu, Ulsan-gu, U.S., under the influence of alcohol at around 0.085%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was proceeding in the direction of a private distance from the old Tho Lake apartment in the direction of the apartment of the old Tho Lake at the same time and at the same place as paragraph (1). In such a case, a person who is engaged in driving a motor vehicle had a duty of care to live well in the entire course and safely drive the motor vehicle to prevent an accident.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the D taxi stopping in the front side of the Defendant’s vehicle from the front part of the Defendant’s vehicle, and suffered injury, such as salt, tension, etc. for about two weeks to the victim E (the 27 years old passenger) who is the said taxi, due to negligence in the course of driving the taxi on the front side due to negligence in the course of duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. Punishment for concurrent crimes (the sum of the long-term punishments of the above two crimes) by aggravated punishment due to concurrent crimes with the punishment stipulated in the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act;

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