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(영문) 울산지방법원 2020.08.13 2020고단1659

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of 1,500,000 won by the Ulsan District Court for the crime of violating the Road Traffic Act.

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 17, 2020, the Defendant driven the above passenger car with a blood alcohol concentration of 0.076% 0.076% and proceeded at a speed of about 20 kilometers from the intersection of the court of Ulsan-gun Office to the intersection of the court of law and the public prosecutor's office at a distance of 30 kilometers from the intersection of the military unit located in the south-gu, Ulsan-gu. 352 (Ro-dong).

Since there is an intersection with a signal apparatus, there was a duty of care for a person engaged in driving of a motor vehicle to observe the signal apparatus signals and to drive the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected and proceeded with a stop signal while neglecting it, was found to have been driven by the front part of the instant passenger vehicle operated by the Defendant, which was driven by the victim C(I, who was aged 38) who was normally left to the left in accordance with the new subparagraph on the opposite lane at the time.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “consecting in detail and tensions and tensions in detail,” which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven a franchise passenger car described in the above paragraph (1) in the state of alcohol alcohol concentration of approximately 0.074% at the 3 kilometers section from the Do located in the south-gu, Ulsan-ro 118-1, the above temporary border to the front intersection of the military unit located in the same Gu-ro 352 (Ro-dong).

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. Statement to E by the police;