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(영문) 울산지방법원 2017.08.10 2017고단1873
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. The Defendant is a person who is engaged in driving a car B or Q900 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 7, 2017, the Defendant driven the above vehicle while under the influence of 0.113% alcohol during blood alcohol during the influence of around 13:30, and continued to drive the vehicle at a speed of about 20 km from the direction of the new string elementary school on the front side of the glar apartment in Ulsan-gu, Seoul Special Metropolitan City.

Since there are many pedestrians, there is a lot of apartment nearby the apartment, there is a duty of care to prevent accidents, such as a person engaged in driving a motor vehicle, who is well aware of the front, left, and accurately handles the steering direction and brake system in a clear mind.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear while under the influence of alcohol, and neglected to do so, and caused the victim C to go beyond the victim who was in front of the chief driver's vehicle of the Defendant's vehicle of 1999, after the victim C, parked in the front section of the vehicle of 2nd which the victim C actually owned by the victim C, and caused the victim to go beyond the victim who was expected to sit in front of the vehicle of 1999.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On May 7, 2017, the Defendant was driving a B Q90-car under the influence of alcohol content of approximately 0.113% from the 20K section to the 20K section of the instant apartment, under the influence of alcohol content of approximately 0.113%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

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

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

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.

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