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(영문) 울산지방법원 2017.11.16 2017고단3150
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

1. On August 14, 2017, the Defendant was under the influence of alcohol content of 0.137% from blood transfusions on August 14, 2017, the Defendant driven C Poter truck at a section of approximately 200 meters from the front of the B B of the Ulsan Nam-gu Bar Month East-gu Gabing Road to the front of the same Gu.

2. Violation of the Road Traffic Act (Measures Taken after Accidents) by the Defendant driving of the above C Poter freight vehicle around the day specified in paragraph 1, the viewing distance of 62 in Ulsan-gu, Nam-gu, Nam-gu, Seoul-do, was straight along three-lanes from the shooting distance of the Arts Center to the horizontal distance of salary.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive the signal to prevent accidents in advance.

Nevertheless, the defendant neglected it under the influence of alcohol as in paragraph (1) and neglected it in a direct manner in violation of the signal, thereby making a left turn to the left in accordance with the new subparagraph with the shooting distance of the Arts Center at the Myeon of the Medan New Market.

D) The left side part of the F Bus E, the victim E, driving, destroyed the Defendant’s cargo front part of the Defendant, thereby damaging the amount equivalent to KRW 1,545,500, and the Defendant escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Photographs at the time of accident;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after an accident) and the choice of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is the defendant.

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