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(영문) 울산지방법원 2020.11.04 2020고단3218

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

Reasons

Punishment of the crime

On August 7, 2012, the Defendant was sentenced to a fine of KRW 6,50,00 for a violation of the Road Traffic Act, etc. by the first general military court of the Navy.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a radar car;

On July 3, 2020, at around 23:30, the Defendant driven the said car with a alcohol content of 0.182% 0.182%, and turned the same into a wood park at the south-gu, Ulsan-gu, Ulsan-do, the front side of D, with a one-lane road from the border construction distance, and led to the left turn to the left.

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed. In such a case, there was a duty of care to ensure that a person engaged in driving the motor vehicle should thoroughly operate the motor vehicle in the front and right-hand scam and safely.

Nevertheless, under the influence of alcohol, the Defendant got a part of the left body part of the victim E (ma, 44 years old) on the road facing the left by neglecting to turn to the left at the center line and neglecting to turn to the left.

As a result, the Defendant suffered multiple typology in need of treatment for about two weeks by occupational negligence as above.

2. Violation of the Road Traffic Act (driving) the Defendant driven a rash car while under the influence of alcohol of about 0.182% of the blood alcohol concentration at the section of approximately 100 meters from the front of G, located in the same Gu C, from the front of G, to the front of D, located in the same Gu C.

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

Summary of Evidence

1. A diagnosis of the written statement E in part of the defendant's legal statement, a report on the state of his/her driver, a report on the state of his/her drinking driving, a report on the occurrence of a traffic accident, a report on the state of the traffic accident, a traffic accident inspection report

1. Previouss before judgment: Criminal history records; and