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(영문) 울산지방법원 2019.01.24 2018고단612
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 15, 2017, the Defendant driven the above motorcycle while under the influence of alcohol of 0.150% of blood alcohol concentration at around 17:15, and operated the three-lane road in front of the D periodical located in Ulsan-dong C, Ulsan-gu, by driving it at about 40 km each hour according to the speed of 40 km, depending on the e company’s fixed distance distance from the e company’s front door.

In this case, a person engaged in driving of a motorcycle has a duty of care to prevent accidents in advance by properly manipulating the steering direction and operating operation system of a motor vehicle while taking into account the traffic situation of a motorcycle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes, etc. properly, was driven by F, which was driven by F, which was bound by the body of the vehicle at the front direction of the Defendant’s running, with the front direction, as the front part of the motor vehicle driving ahead of the Defendant.

Ultimately, the Defendant suffered approximately three weeks of the opening of the inside and the opening of the inside in need of medical treatment from the victim H (V, 35 years of age) who was accompanied by the Defendant’s motorcycle due to the above occupational negligence.

2. On April 26, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on May 22, 2014, a summary order of KRW 3 million from the same court as the same crime.

On November 15, 2017, at around 17:15, the Defendant driven the above motorcycle while under the influence of alcohol with a blood alcohol concentration of about 0.150% from the 1km section of approximately 1km from the 1st road of Ulsan-gu, Ulsan-gu, U.S. to the D Jeongmun-gu, Ulsan-gu, U.S. C.

Accordingly, the defendant is a person who has violated the Road Traffic Act not less than twice, and is again prohibited from driving under influence of alcohol.

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