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(영문) 울산지방법원 2020.12.03 2020고단3705
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 17, 2009, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Busan District Court on September 17, 2009, and was sentenced to a summary order of three million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on June 24, 2015.

1. Around 19:03 on July 1, 2020, the Defendant driven an E Car under the influence of alcohol with a blood alcohol concentration of 0.153% from the 19k section from the front of the “C” restaurant located in the Busan-gun, Busan-gun, to the D apartment in Gyeyang-si, the Defendant driven the E Car with a blood alcohol content of 0.153%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a car of Ethren.

The Defendant, while under the influence of alcohol concentration of 0.153% at the time and time set forth in the above paragraph (1), driven the said car and proceeded ahead of the D apartment at Yangsan-si by moving the front of the D apartment at the Fside from the flood level to the Fside, depending on the non-speed speed.

The location was two-lanes from each side where vehicles are parked or stopped on both sides, so in such a case, there was a duty of care to prevent accidents with vehicles driving safely by driving safely, such as yielding the course to the vehicles having entered first from the opposite line, accurately operating the brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected the above roads and went to the left from the Do apartment room to the brupted area of the D apartment room, and caused the shock by taking the part of the victim G(Y, 56 years old) driving in front of the driver's seat of the Defendant driving vehicle into the front part of the driver's seat of the Defendant.

Ultimately, the Defendant’s occupational negligence requires approximately three weeks of treatment to the above victim, such as salt, tension, etc.

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