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(영문) 울산지방법원 2019.07.11 2019고단1468
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a cuss vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On March 12, 2019, at around 21:42, the Defendant driven the above vehicle while under the influence of alcohol of 0.165% of blood alcohol concentration, and led the five-lanes immediately preceding that of the bankruptcy history distance of 73, Ulsan-gu, Ulsan-gu, U.S., to proceed directly from the projected distance to about 50 kilometers in the speed of the bankruptcy history.

At the time, at night and at night, there was an intersection where signal lights are installed on the front side, so there was a duty of care to safely operate the motor vehicle driver by accurately manipulating the front side and the left side and the right and the right of the motor vehicle driver and operating the brake and steering gear.

Nevertheless, due to the negligence of driving the vehicle under the influence of alcohol without neglecting the Defendant, the part behind the vehicle of the victim C(Woo, 39 years old) who stops in accordance with the stop signal, such as signal, etc. at the front direction of the course of the vehicle was followed by the front part of the above Ecoo vehicle.

Ultimately, the Defendant by occupational negligence inflicted bodily injury on the victim C, such as finites, tensions, etc. in need of approximately two weeks of medical treatment, and suffered bodily injury on the finites E (the 38 years of age) on the victim E (the finite and the 38 years of age) who was on the finite vehicle.

2. Violation of the Road Traffic Act (LA) the Defendant driven the above Ecoo vehicle under the influence of alcohol with approximately 0.165% alcohol concentration at the section of approximately 1.5 kilometers from the Do in front of the “F cafeteria” of the Nam-gu Seoul Metropolitan City, Ulsan-gu, Seoul Metropolitan City, to the road immediately preceding the bankruptcy history of approximately 73 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. A report on detection of a drinking driver and a report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Handling of each corresponding Article of the Act on Criminal Facts;

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