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(영문) 울산지방법원 2020.06.19 2019고단5034

도로교통법위반(음주운전)등

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

【Criminal Power】 On April 12, 2017, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on July 20, 2017, the same court received a summary order of KRW 2.5 million for a violation of the Road Traffic Act.

【Criminal Facts】 The Defendant is a person who is engaged in driving freight B and B.

On November 16, 2019, when the Defendant was under the influence of alcohol of 0.196% on blood alcohol level, and was driving from the access road to the national highways No. 24 in Ulsan-gun, Ulsan-gun, the U.S., the Defendant: (a) operated the said cargo at a speed of 0.196%; (b) was negligent in the course of performing duties, without thoroughly examining the right and the right and the right of alcohol and not operating the steering and steering system accurately; and (c) was negligent in driving the part of the victim F (38 years old) driving, which was parked in the front of the said cargo to enter national highways; and (d) caused the said low-water vehicle to drive the part of the victim H (age 45 years old) who was under the influence of stopping at the front of the said cargo.

Ultimately, the Defendant suffered from the injury of the victim F and the victim J (the 36-year old-old) who was on board the said passenger car due to the above occupational negligence to the victim K (the 44-year-old age-old) who was on board the said passenger car for two weeks in need of the two-day medical treatment, such as salt, tension, etc., and the victim K (the 44-year-old age-old) who was on board the said passenger car, respectively, for two weeks in need of the two-day medical treatment, and violated the provision on the prohibition of drinking driving at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, a report on the occurrence of a traffic accident, and a medical certificate for each degree, and each medical certificate;

1. Requests for appraisal, reports on the circumstantial statements of a driver with the driver's license [former records] criminal records, etc., and application of Acts and subordinate statutes to investigation reports (Attachment to judgments on criminal records of the same kind);

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents;