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(영문) 울산지방법원 2020.05.22 2019고단4139

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On November 11, 2015, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Gwangju District Court branch on November 11, 2015. On August 29, 2019, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (recognition) to the Ulsan District Court on November 28, 2019.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a motorcycle BW125, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 12, 2019, at around 07:20 on September 12, 2019, the Defendant, using the above motorcycle, driven the intersection from the front side of the D Council members located in Ulsan-dong-gu C, Ulsan-do, to the front side of the E elementary school from the front side of the defensive area to the e elementary school.

Since the place is an intersection without signal, there was a duty of care to prevent accidents in advance by checking the traffic situation and safely driving by reducing speed and checking the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the speed at the intersection and failing to perform the duty of front-way navigation, and the front part of the Gmotor bicycle driving the above intersection toward port from the right side of the direction of the Defendant to the right side of the motor bicycle of the victim F(28 years old).

Ultimately, the Defendant suffered injury to the victim, such as an open wound, which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act and the Road Traffic Act (driving without a license) were driven by the Defendant on BW125 under the influence of alcohol leveling 0.146% of alcohol level without obtaining a motorcycle driver’s license from a section of about 200 meters from the front of the Defendant’s residence in Ulsan-dong, Ulsan-gu, as set forth in paragraph (1) to the front of the D Council member as set forth in paragraph (1).

This is the defendant.