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(영문) 울산지방법원 2015.01.23 2014고단3381
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2014, the Defendant, at around 09:05, driven a B low-speed car under the influence of alcohol concentration of 0.110% in front of the red juk-dong in Ulsan-gu, Ulsan-si, by starting from the road near the shipping beach in Busan-si, Busan-si, and driving a vehicle with approximately 20km in front of the red juk-dong in Ulsan-gu.

2. 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 B low-priced car.

On September 20, 2014, at around 09:05, the Defendant driven as above paragraph (a) and proceeded at a speed of about 30 km from the surface of the raw ginseng distance to the speed of 20 km away from the 1st line of the second line in front of the Hong-dong Hong-dong red juk-dong, Ulsan-gu, Ulsan-do.

In such a case, the driver has a duty of care to operate the brakes and steering gear by accurately operating the steering system and steering gear.

Nevertheless, the defendant is driving without neglecting the front-time of the front-time.

At the front direction of the proceeding, the victim C(54 years old) driven by the victim C(54 years old) was followed by the DDama car, and the upper part was the front part of the DDama car.

As a result, the Defendant suffered from the injury of the instant C and the instant tea E (V, 53 years old), each of which requires approximately three weeks of medical treatment, such as fluoral salt, etc., by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

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

1. Application of related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.

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