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(영문) 울산지방법원 2020.07.24 2020고단727

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of 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

[Criminal Power] On June 29, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving service of a motor vehicle BVS car.

On February 9, 2020, at around 02:40, the Defendant driven the said vehicle while under the influence of alcohol of 0.104% of blood alcohol concentration, and made it turn to the left at a speed of 30km per hour from the edge of the terminal to the middle distance.

Since there is a cross-section where signal lights are installed, there was a duty of care for those engaged in driving service to thoroughly see the front hour and safely drive in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty at the front of the car, and was driven by the victim D(the age of 66) who is under the left-hand turn at the front of the vehicle in front of the Defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of two weeks of treatment by occupational negligence as above.

2. Around 02:40 on February 9, 2020, the Defendant driving a vehicle B NAS coo in the state of alcohol with a blood alcohol concentration of about 0.104% at a distance of about 800 meters from the front road of G in Ulsan-gu F until the front road of the same Gu C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Reporting on the occurrence of a traffic accident, a photograph, and a medical certificate [before the market] criminal records, and an inquiry report (whether Article 148-2 (1) of the Road Traffic Act is applied).