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(영문) 울산지방법원 2016.09.29 2016고단2168
도로교통법위반(사고후미조치)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

On October 5, 2009, the Defendant issued a summary order of a fine of KRW 700,000,000 for the same crime in the Seosan Branch of the Daejeon District Court on October 4, 2013 as a crime of violation of Road Traffic Act (drinking driving) in the support of the Daegu District Court Kimcheon on October 5, 2009, and a fine of KRW 1.5 million for the same crime is more than once.

The defendant is a person who is engaged in driving of Branchising vehicles.

On April 20, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.136% in blood at around 21:05, and turn to the left from the point of view of the South and North U.S., the KBS intersection located at the end of Ulsan-gu, Ulsan-gu, to the point of view of the South and North U. Ulsan-do post office.

Since there is an intersection with a signal signal, and a crosswalk is installed, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by properly observing the signal and checking whether there is a pedestrian walking the crosswalk.

Nevertheless, under the influence of alcohol, the Defendant was negligent in breaking the crosswalk in contravention of the signal, and the Defendant received the front wheels of the bicycle driven by the victim C with the front wheels of the bicycle driven by the victim C while continuing to drive the said intersection from the left side. The Defendant received the rear part of the E-rayp-on vehicle driven by the victim D, driving the said intersection to the right side of the said intersection.

As a result, the Defendant: (a) caused the above-mentioned bicycle by occupational negligence to repair KRW 50,00; and (b) destroyed the above damaged vehicle to repair KRW 1,336,971; and (c) did not immediately stop and abscond without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The actual investigation report on traffic accidents;

1. A report on the circumstances of the driver's license in the State and a report on the detection of the driver in the State;

1. Written estimate;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Articles 148 and 54(1) (a) of the Road Traffic Act and the Road Traffic Act concerning facts constituting an offense.

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