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(영문) 울산지방법원 2013.10.28 2013고단3224

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On May 3, 2013, at around 05:35, the Defendant driven the said car with a blood alcohol concentration of 0.091% 0.00%, and led the Defendant to drive the said car in the direction of the road in front of the Ulsan Central Police Station, Ulsan Central Police Center, which is located in the Ulsan Central Police Center, in the direction of the road in front of the Ulsan Central Police Center.

Since there is a crosswalk in which signal apparatus is installed at a front door, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code.

Nevertheless, under the foregoing circumstances, the Defendant: (a) caused the victim D (the age of 76) who was normally walking the above crosswalk in line with the pedestrian signal by his occupational negligence while drunkly violating the stop signal; and (b) caused the victim to suffer an injury to the cage of the cage of the motor vehicle in front of the motor vehicle of the Defendant; and (c) caused the victim to receive medical treatment at the Ulsan-gu E F Hospital located in Ulsan-gu E on May 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report and field photographs;

1. A report on detection of a host driver (A);

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes governing death certificates (D) and postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (such as the fact that the defendant reflects his depth in this court, that an agreement has been reached between the defendant and his bereaved family members, and that the defendant has no criminal record);

1. The sentencing guidelines set out among the above criminal facts are the reasons for sentencing Article 62-2 of the Criminal Act for orders to provide community service and attend lectures.