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(영문) 울산지방법원 2020.07.23 2019고단5449
교통사고처리특례법위반(치상)등
Text

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 March 29, 2017, the Defendant issued a summary order of a fine of KRW 1.5 million at the Ulsan District Court for a violation of the Road Traffic Act.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of QM6 automobiles.

On December 6, 2019, the Defendant driven the above car at around 19:53 on December 6, 2019, and had the front road of Ulsan-gu C left the zone D from the boundary of the street.

In such cases, the driver of a vehicle shall accurately operate the steering system, brakes, etc. of the vehicle, and shall not drive the vehicle at such a speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in driving so that the part of the rear part of the victim E (the 27-year-old driver’s vehicle) driving a traffic signaled at the front section of the Defendant’s vehicle was committed as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of stability for two weeks due to the occupational negligence above.

2. Around 19:53 on December 6, 2019, the Defendant driven the said QM6 vehicle under the influence of alcohol content of about 0.122% from the section of about 3km from the front of the H restaurant in Ulsan-gu G to the front of the I located in Ulsan-dong, Ulsan-gu, Ulsan-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A photograph of the accident site and a photographic image of a black stuff;

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

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to summary orders in the same case);

1. Relevant provisions concerning facts constituting an offense;

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