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(영문) 울산지방법원 2017.02.23 2016고단4514
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 9, 2007, the Defendant received a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act, and a summary order of two million won or more due to a crime of violating the Road Traffic Act at the Ulsan District Court on May 15, 2009.

[Criminal Facts]

1. On October 8, 2016, the Defendant violated the Road Traffic Act (drinking) and the Act on Guarantee of Compensation for Motor Vehicle Damages: (a) the Defendant driven a car in body by B, which was under the influence of alcohol with approximately 0.157% alcohol concentration in the 3km section from the front side of “an apartment located in the middle-gu Dag-gu, Ulsan Metropolitan City, Ulsan Metropolitan City, which is located in the middle-gu, Ulsan Metropolitan City.” to the front side of “a apartment located in the middle-gu, Ulsan Metropolitan City.”

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle without mandatory insurance in violation of the above provision.

2. The Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”) proceeded along a two-lane distance from the direction to the direction of the apartment road in a village with a large village of the said temporary road in the same direction.

At the time and at the center of the road, there was a duty of care to safely drive a motor vehicle, such as a person engaged in driving the motor vehicle, who is at night and at the center of the road, by properly operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant: (a) neglected to drive a stroke while driving it; (b) caused the Defendant’s 700,000 won of the repair cost to be 70,000 won in front of the Defendant’s passenger car; and (c) neglected to drive it at the center of the road; and (d) caused the Defendant’s stroke and shock absorption to be shocked

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. To inquire into the circumstances of the driver involved in driving and the results of crackdown on drinking;

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