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(영문) 울산지방법원 2018.11.01 2018고단2147
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person engaging in driving service of a DCo or a car.

On July 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.209% among blood transfusion around 01:45, and driven the said car at a speed of about 40 km per hour according to the speed of the Sindo Police Station located in Ulsan-dong, Ulsan-gu, Ulsan-do. The Defendant continued to drive the said car under the influence of alcohol level of 0.209% on July 11, 201.

The place is in the center of separation, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right of the driver of the motor vehicle, and by accurately operating the brake and the steering gear.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving so that the center separation zone owned by the victim's office located in the center line on the left-hand side of the running direction was received in front of the left-hand side of the defendant's vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the above central separation unit to be repaired in KRW 810,000, and stopped immediately and escaped without taking necessary measures, such as arranging a part away from the road.

2. On July 11, 2018, the Defendant: (a) driven a Dco or car under the influence of alcohol level of 0.209% in the section of approximately 21km from the 21km to the road in the north-gu, Ulsan-dong, Ulsan-dong, Ulsan-gu, U.S. to the roads in front of the mutual influence restaurant; (b) on July 11, 2018, the Defendant was under the influence of alcohol level of 0.209%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and photographs related to accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the statutes governing a written estimate;

1. Articles 148, 54(1) (a) of the Road Traffic Act and Articles 148, 148, and 44(2)1 and 44(1) (a) of the Road Traffic Act concerning criminal facts, each of which constitutes a crime, shall be punished by imprisonment.

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