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(영문) 울산지방법원 2020.02.06 2019고단3733

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

1. On April 29, 2015, the Defendant has been sentenced to a fine of six million won for a violation of the Road Traffic Act at the Ulsan District Court on April 29, 2015.

On July 20, 2019, at around 23:25, the Defendant driven an E-motor vehicle while under the influence of alcohol content of about 0.169% from around 400 meters from the front road in Ulsan-gu B to the Drown-gu Drown Intersection.

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

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 20, 2019, at around 23:25, the Defendant driven the said vehicle while under the influence of alcohol of 0.169% of alcohol concentration, and driven the said vehicle at an influence of the four-lane road in the front direction of the FF in Ulsan Nam-gu, toward G at an influence of the two-lanes, toward the direction of G at an influence speed along the two-lane, while driving the four-lane road in the front direction of the FF in Ulsan-gu, along the direction of the entrance, without putting the steering gear and brakes properly at the front direction, due to occupational negligence, which did not properly operate the steering gear and brake system, and received the part of the right part of the victim H (32 years old) drive in the front direction of the said vehicle with the left part of the front direction of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to the above traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The actual survey report and photographs related to accidents;

1. A written diagnosis of victims;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting an offense;

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