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(영문) 울산지방법원 2016.07.12 2016고단1123
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 May 20, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license), the Defendant issued a summary order of KRW 100,000 by the Ulsan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on December 9, 2015, the said court issued a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 for the same crime (drawing from December 12, 2015 to March 20, 2016).

On March 4, 2016, the Defendant driving a vehicle under the influence of alcohol without obtaining a driver’s license in a section of about 8 km section from the side of the department store to the front road of the mbcc broadcasting station located in Ulsan-gu, Ulsan-gu, Seoul-do. On March 4, 2016, the Defendant again violated Article 44(1) of the Road Traffic Act by driving a fK-5 vehicle under the influence of alcohol level of 0.133% in blood alcohol level on at least two occasions and driving a vehicle under the influence of alcohol.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said car at the time specified in paragraph 1 and driven the two-lane road in front of the above MbC broadcasting station along the two-lane mbC shooting range from the GbC distance flood.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents due to the operation of direction direction, etc. when the driver of a motor vehicle safely drives the motor vehicle while keeping the motor vehicle lanes and changing the motor vehicle lanes.

Nevertheless, the Defendant did not obtain a driver’s license as prescribed in paragraph 1, and changed the vehicle line without being negligent in performing the duty of care as seen above while under the influence of alcohol, and thereby, received the part on the right side of the Hppter’s Hpter’s Hpter’s driving in the course of driving along one lane as the left side of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salt and tension in need of treatment for about two weeks.

Summary of Evidence

1. The defendant's statement in court;

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