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(영문) 울산지방법원 2014.12.11 2014고단2731
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 14, 2007, the Defendant was sentenced to a suspended sentence of 7 months by the Ulsan District Court for a violation of the Road Traffic Act, etc., and 2 years by imprisonment for a violation of the Road Traffic Act, etc. at the Ulsan District Court on August 12, 2009, and 2 years by a suspended sentence of 6 months by the Ulsan District Court on August 12, 2009.

1. The defendant is a person who is engaged in the business of driving a motor bicycle CC (CA) 110cc. or 110cc.

On April 14, 2014, at around 16:42, the Defendant driven the above motorcycle while under the influence of alcohol of about 500 meters from the front map of the Rose of Sharon Park in Ulsan-gu defense Dong-dong to the 11st day of the same sex road, without a license for a motorcycle, and driven the above motorcycle at about 0.129% of the blood alcohol concentration at around 500 meters from the end of the same sex, and driven the 11nd side road from the edge of the above sex to the edge of the island.

A driver of a motor vehicle has a duty of care to check whether there is a motor vehicle prior to the front side by viewing the front side, to maintain a safe distance with the front side, and to prevent accidents by driving a motor vehicle under the influence of alcohol, such as not driving a motor vehicle under the influence of alcohol, and to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so, without driving a motorcycle while drunkly under the influence of alcohol, and was in the front part of the part of the rear pande part of the victim D(the age of 40) drive E non-Mbbbbbricated MINICOPPER (BM MINER) drive in front of the above motorcycle.

The Defendant damaged the car to the extent of KRW 3,488,00,000 for repair costs due to the above occupational negligence exchange, etc.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of CAA (CA) 110cc motorcycless.

. Mandatory insurance.

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