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(영문) 울산지방법원 2018.11.06 2018고단2857
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On July 9, 2007, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on July 9, 2007, and on January 11, 2017, the above court issued a summary order of KRW 4 million with the same crime.

The defendant is a person who is engaged in driving freight B.

On August 26, 2018, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.198% among blood transfusions on August 26, 2018, and was in front of the World forest church located in the corner of the Northern-gu, Ulsan-si, Ulsan-si, and was in direct control over the roads in front of the World forest church located in the corner of the Ulsan-gu.

At the time, it was difficult to view the view at night, and there was a division at the center at the center of the road, so in this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right of the motor vehicle, and accurately

The Defendant, while under the influence of alcohol, neglected to do so and proceeded without any measure, received the central separation unit installed at the center of the road in front of the said World church as part of the above cargo vehicle’s left part, and escaped without any measure so that the amount of repair cost of KRW 2,190,000 in the market value is damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report, photograph, report on the situation of the driver with the main driver, and written estimate;

1. Articles 148, 54(1), and 148-2(1)1 and 44(1) of the Road Traffic Act applicable to the facts constituting a crime, the selection of a punishment for imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the same Act

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;

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