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(영문) 울산지방법원 2015.10.02 2015고단1776
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant received a fine of KRW 700,000 from the Daegu District Court on November 13, 2009 to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on November 16, 2012 to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 16, 201.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Bart car.

On April 19, 2015, the Defendant driven the said car on April 14:45, and driven the four-lane road along the Busan metropolitan line of 115.7km located in the Busan metropolitan-si Busan metropolitan-type Busan metropolitan-type Busan-lane, and caused the collision between the central separation unit and the front part of the said car due to occupational negligence, which failed to properly operate the steering system and the brake system under the influence of alcohol by 0.203% of the blood alcohol concentration, and resulting in the collision between the two strings (24 years old) and the two strings (24 years old) in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said vehicle under the influence of alcohol by 0.203% in a section of about 150km from the front of the penta-si in which it is impossible to identify the above temporary trade name at the time, to the point at which the Busan Hayang-gu Busan Gyeong-do Busan Gyeong-do Busan Gyeongn-si, Busan Gyeongyang-si, Busan Gyeongyang-do, Busan Gyeongyang-do, where it is about 150km.

As a result, the defendant was a person who has driven a drinking twice or more, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident report, accident site map, and on-site photograph;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes of criminal records, investigation reports, previous records of drunk driving, and summary orders;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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