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울산지방법원 2016.05.27 2016고단1004

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 4, 2016, the Defendant was under the influence of alcohol level of 0.114% among blood transfusions on April 23:25, 2016, and was driving B passenger cars at approximately 50 meters from the front of a swine restaurant in Ulsan-gun, Ulsan-gun, Ulsan-gun to the front of the mountain post office located in the same 251.

2. On April 4, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven a B passenger car at around 23:25 on April 4, 2016, and turn to the left the intersection of the post office in front of the mountain-ro 251, U.S., U.S., U.S., U.S.,

Since a signal, etc. is installed, a person engaged in driving duty has a duty of care to drive safely in accordance with the new subparagraph, but the defendant neglected this duty and caused the left-hand turn in violation of the signal while under the influence of alcohol as set forth in paragraph 1, and caused the victim C(54) driver in front of the driver's seat of the defendant's vehicle to the right part of the victim C(54) driver's seat in front of the driver's seat of the defendant's vehicle.

Ultimately, the Defendant suffered injury to sugar, etc. with no one in two open for the treatment of approximately three weeks by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (investigation as to whether a signal has been violated);

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Paragraph (1) of the same Article: Article 148-2 (2) 2 and Article 44 (1) (Selection of Imprisonment) of the Road Traffic Act: Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act [the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier between the two crimes and the punishment]: Provided, That the lower limit shall be the crime of violating the Road Traffic Act;