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(영문) 울산지방법원 2020.10.23 2020고단1794

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and two 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

1. On October 25, 2017, the Defendant has been subject to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Ulsan District Court on October 25, 2017 and has been punished twice for the same crime.

At around 00:30 on March 30, 2020, the Defendant driven D's car under the influence of alcohol content 0.147% in the direction of the half-gu distance located in the same Ban-dong from the Do in front of the C coffee shop in Ulsan-si B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is a person who drives a DNA car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant, at the time and time set forth in paragraph (1), driven the above-mentioned car in the direction of the school curriculum from the direction of the old street.

At night and at night, there is a blind distance where signal lights are installed at the front door, so the driver of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the front door, the left door, the left door, and the steering system.

Nevertheless, the Defendant neglected this and received the FK5 si operated by the victim E (E, South and 64 years old) who was in the atmosphere of the signal at the front line of the same lane due to negligence while under the influence of alcohol as seen above, as part of the front part of the said car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt ties and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, on-site photographs, and medical certificate;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, criminal records, etc., and the application of two Acts and subordinate statutes of Part II of summary order;

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;