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(영문) 울산지방법원 2020.12.03 2020고단3051

교통사고처리특례법위반(치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2020, the Defendant received a summary order of KRW 10 million as a fine for a violation of the Road Traffic Act by the Ulsan District Court on March 26, 202.

On March 29, 2020, at around 23:25, the Defendant driven CK5 automobiles without obtaining a driver’s license in a state of alcohol alcohol concentration of about 0.087% in the front of Ulsan-gu B at approximately 20 meters on the road.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving a vehicle CK5 vehicle.

The Defendant was driving a vehicle under the influence of alcohol level of 0.087% without obtaining a driver's license at the location and location set forth in paragraph (1).

In this case, there was a duty of care to prevent accidents in advance due to a person engaged in driving of a motor vehicle having a duty of care to live well in the traffic situation in the future and safely.

Nevertheless, under the influence of alcohol without obtaining a driver's license, the Defendant was negligent in neglecting to stop at the rear side of the Defendant's vehicle, and the front part of the Defendant's vehicle in D (Nam, 41 years old) driving is the front part of the Defendant's vehicle.

The Defendant by such occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in need of approximately two weeks of medical treatment on the part of the victim F (the victim F (the 41 years old) who was accompanied by the victim’s car, respectively, for about two weeks of medical treatment, and at the same time, damaged the passenger car with the highest amount equivalent to KRW 485,00 in total repairing cost by the front criminal seal, etc.

Summary of Evidence

1. Defendant's legal statement;

1. An actual condition survey report, a car driving certificate, and a drunk driving;