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(영문) 울산지방법원 2018.07.17 2018고단1185
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

【Criminal Records of Crimes】 On February 3, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court, on July 29, 2015, to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 29, 2015, a violation of the Road Traffic Act (driving without a license), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

【Crimes】

1. The Defendant is a person who is engaged in driving of CK7 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 14, 2018, the Defendant driven the above vehicle while under the influence of alcohol without obtaining a driver's license of a motor vehicle, and driven the front of the Ulsan-gu D road onto the department department at the direction of the area where it is true.

In the event of driving as a person engaged in driving service, he/she has a duty of care to prevent the occurrence of various accidents involving others by accurately operating the steering direction and brake system, and to prevent the occurrence of accidents involving others.

Nevertheless, the Defendant neglected this while under the influence of alcohol and neglected the operation of the previous city and equipment, and caused the Defendant’s negligence, which led to the MF5 car driven by the victim E, who was directly under the left side of the driving direction of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately two weeks of knee knee knee Park, etc. by negligence in the course of business as above.

2. On April 14, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a vehicle with approximately 5 meters C K7 vehicle at the front of Ulsan-gu D while under the influence of alcohol content of about 0.176% in blood without obtaining a driver’s license around 03:30 on April 14, 2018.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

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