logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.12.19 2013고단3289
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

At around 00:20 on July 16, 2013, the Defendant, while driving the said vehicle and driving it at a 0.170% alcohol level, caused the death of the victim D (31) who is the passenger of the Defendant’s vehicle in front of the Defendant’s running direction, due to his occupational negligence, caused the death of the victim D (31) who is the passenger of the Defendant’s vehicle in front of the Defendant’s driving direction, inasmuch as the Defendant neglected his duty of front-time care under the influence of alcohol while driving the three lanes of the three-lane road in front of the Dongi Industrial Complex in Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim, the first offender, the fact that the defendant was seriously injured, the fact that the victim was aware of the defendant's driving under influence of alcohol and the fact that

1. It is so decided as per Disposition on the grounds of probation and community service order under Article 62-2 of the Criminal Act (in order for a defendant to return to a sound member of society in consideration of the background of this case, degree of damage, etc.).

arrow