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(영문) 울산지방법원 2020.09.10 2020고단929
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On January 25, 2020, at around 01:25, the Defendant driven the motor vehicle at a speed that would not be known by driving the motor vehicle while under the influence of alcohol level 0.093%, depending on the first line road in the direction of the city of Ulsan to the industry from the direction of Dongcheon to the industry.

At night and at night, there was no signal signal signal signal at the front, and the width of the road that the Defendant passed along the intersection to enter the intersection is larger than the width of the road that the Defendant proceeded, and thus, the driver of the motor vehicle has a duty of care to prevent accidents from hindering the passage of the motor vehicle that enters the intersection on the right side and right side of the defendant's direction by operating the steering system and brake normally.

Nevertheless, as seen above, the Defendant, who was under the influence of alcohol and entered the intersection at the left-hand side of the running direction of the Defendant (the direction of the vehicle registration office in the D direction), was led to the front part of the FF-learning passenger car driven by E, which was driven by E, as it was due to the negligence of entering the intersection.

Ultimately, the Defendant suffered injury, such as catum salt, which requires approximately two weeks of medical treatment, from the victim G (V, 39 years of age) who was on board a passenger car driven by E due to such occupational negligence.

2. On June 16, 2015, the Defendant is a person who has received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act from the Ulsan District Court on June 16, 2015.

On January 25, 2020, at around 01:25, the Defendant driven a BM3 car while under the influence of alcohol leveling about approximately 5.6 km from the G department store neighboring islands to the places described in paragraph (1).

Summary of Evidence

1. The defendant's legal statement; 1.1.

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