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(영문) 울산지방법원 2020.09.24 2020고단2611

도로교통법위반(음주운전)등

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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 June 20, 2007, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on April 5, 2010 to a fine for a violation of the Road Traffic Act.

1. Around 01:35 on May 19, 2020, the Defendant driven a Dsch Rexton car with a blood alcohol content of about 0.199% under the influence of alcohol from the 1km section of approximately 1km from the road near Ulsan-gu, Ulsan-gu to the bankruptcy history distance of about 66, Ulsan-gu, Nam-gu, Ulsan-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle for Dsch Rexton.

The Defendant, while under the influence of alcohol concentration of 0.19% in the blood alcohol concentration as stated in the above paragraph (1), was driving the said car, and was driving the bankruptcy remote road of 66 U.S. Nam-gu, Ulsan-gu, Ulsan-gu along the direction of the five-lane distance from the projected distance of consul to the direction of the five-lane distance.

At night, at the time, on the opposite lane of the Defendant’s driver’s vehicle, the F E (n.e., the age 61) is waiting to turn to the left and stopped. In such a case, the driver of the vehicle has a duty of care to properly observe the traffic situation on the front line and to safely proceed to the right side of the center line.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the shock to take the front part of the above victim driving vehicle as the front part of the Defendant driving vehicle by neglecting the center line.

As a result, the Defendant suffered injury, such as a duplicating cages, which invaded two cages that require approximately three weeks of medical treatment, to the victim who drives the said car due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement; 1.1.