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(영문) 울산지방법원 2017.10.11 2017고단2335

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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

On January 16, 2007, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Ulsan District Court, and on May 11, 2016, issued a summary order of KRW 3 million as a fine by the same court.

1. On June 14, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on and without obtaining a driver’s license on around 10:10 on or around June 14, 2017, the Defendant driven a falp XD car at the 1km section of approximately 0.213% of alcohol content in blood while under the influence of alcohol at around 0.213% in front of the E hospital located in Ulsan-gu, Ulsan-gu.

Accordingly, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) without a driver's license, and driving the said car under the influence of alcohol again.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a Fast XD car.

The Defendant did not obtain a driver’s license of a motor vehicle at the time of the day set forth in paragraph 1, and, while under the influence of alcohol 0.213% during blood, had three-lane roads in front of the E Hospital in Ulsan-gu, Ulsan-gu along the same three-lanes from the direction of the police station to the Eastcheon Sports Center.

At the time, it is night and there is a three-distance intersection with a signal apparatus, so in such cases, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn due to the negligence of entering the red flock, and the Defendant got to the left-hand turn from the direction of the police station in the direction of the apartment building up to sunrise by the day of the left-hand turn, and received the front-hand part of the driver’s H bargaining car as the front-hand part of the driver’s flick XD car.

Ultimately, the Defendant committed the above occupational negligence.