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(영문) 울산지방법원 2019.09.18 2019고단333
교통사고처리특례법위반(치상)등
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for each of the crimes set forth in the Decision 2019Da333, October, 2019, and the Decision 201Da1721, supra.

Reasons

Punishment of the crime

[2019 Highest 333] Defendant A was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 29, 2017. On December 21, 2017, Defendant A was sentenced to a suspended sentence of two years for the same offense in the same court, and the said judgment became final and conclusive on March 31, 2018.

1. Defendant A

A. At around 07:20 on February 5, 2018, the Defendant driven a E-high-speed vehicle with a blood alcohol concentration of 0.127% under the influence of alcohol without a vehicle driver’s license at a section of about 5km in front of the entrance of the Southern Police Station located in the same new-dong, Ulsan-gu, Ulsan-gu, Seoul at approximately 07:20 on February 5, 2018.

B. Around 07:20 on February 5, 2018, the Defendant, who violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) temporarily stopped at the front of the entrance of the Southern-gu Southern-dong Police Station located in Ulsan-gu, Seoul-gu, Seoul-do, but began from the Fside to the industrial tower-off plane.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent traffic accidents by accurately operating the steering direction and brakes and safely.

Nevertheless, without a driver’s license, the Defendant, without a driver’s license, was driving in the state of being driven by the driver, who was negligent in neglecting the front-time and entering the front bank, and was completely driven by the victim G (V, 61 years old) with the light of the driver’s seat of the Hone Star car.

As a result, the Defendant suffered injury, such as catitis, which requires approximately two weeks of medical treatment by occupational negligence, to the victim.

2. Defendant B is a person who operates a vehicle under the E-H name of the mother I.

At around 07:20 on February 5, 2018, the Defendant is well aware of the fact that the said A, without a driver’s license, intends to drive the said low-est vehicle while under the influence of alcohol, while possessing a smart key of the said vehicle.

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