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(영문) 울산지방법원 2019.01.17 2018고단2771

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On January 28, 2011, the Defendant was sentenced to one million won for the crime of violating the Road Traffic Act at the Ulsan District Court on January 28, 201, and was sentenced to a fine of four million won for the same crime in the same court on July 20, 2017.

1. Around 18:10 on August 27, 2018, the Defendant driven a vehicle C with a low alcohol level of 0.107% under the influence of alcohol at a section of about three kilometers of 0.107 in the middle-gu, Ulsan-gu, U.S. and the same route in the middle-gu, U.S., U.S. P. B. on the same road.

As a result, the Defendant, who violated two times or more due to drinking driving, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a C low-priced car.

On August 27, 2018, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, around 18:10, and proceeded with the Glcheon-gu U.S. U.S.-gu U.S.-gu U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong.

In such cases, a driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected it while under the influence of alcohol and proceeded as it is, and the Defendant was driven by the victim D (Nam, 49 years old) who stops in the same lane along the signal atmosphere from the same lane, with the rear part of the EM5 vehicle as the front part of the EM5 vehicle.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

1. Report on the control of drinking driving;

1. A written diagnosis and written estimate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions concerning facts constituting an offense;