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(영문) 울산지방법원 2019.03.28 2018고단3762

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On December 2, 2018, at around 23:56, the Defendant: (a) driven the said vehicle while under the influence of alcohol by 0.118%; (b) left the D front road located in Ulsan Nam-gu C from the inncheon bank to the east-gu square distance-off plane; (c) neglected to perform the duty at the front time, the Defendant received the back portion of the Frop-crick-down cruise vehicle used by the victim E (29 years old) who was in the left turn signal at the front of the Defendant’s driving vehicle due to occupational negligence, and was negligent in performing the duty at the front time.

Therefore, it was destroyed that the amount of 50,000 won for repair, such as the exchange of the victim's driver's vehicle behind the driver's vehicle, was damaged and the driver's vehicle immediately stops and runs away without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition and photographs related to accidents;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Application of the written estimate statutes;

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. From among concurrent offenders, one who was punished for driving under the influence of alcohol for the reasons of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and one year after driving under the influence of alcohol again causes a traffic accident while driving under the influence of alcohol.

After the accident, the driver continued to drive the aircraft and continued to drive the aircraft in a very dangerous manner, such as shocking twice the arrest seat and shocking the electric telegram during the escape.

The defendant's criminal liability shall be sentenced to the punishment without prison labor, and the punishment shall be determined as ordered in comprehensive consideration of all the sentencing conditions, including the fact that the defendant has agreed with the victim, his/her age and environment, and others.