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(영문) 울산지방법원 2018.04.12 2018고단235
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2008, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (drinking driving), etc., and on September 15, 2009, the Defendant was issued a fine of KRW 2 million by the same court on September 15, 2009, in addition to the issuance of a summary order of KRW 2 million due to a violation of the Road Traffic Act.

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a vehicle BM5 vehicle.

On December 27, 2017, the Defendant driven the said car under the influence of alcohol content of 0.220% during blood transfusion around 14:00, and led to two-lanes of the three-lane crossing of the apartment in front of the Samgsan-gu, Ulsan-gu, Seoul-do, by driving the said car under the influence of alcohol content of 0.220%, in accordance with the two-lanes of the non-speed speed of the bankruptcy elementary school.

At the same time, there was a three-distance intersection connected to a narrow sloping road on the two-lane road, so the driver of the motor vehicle had a duty of care to care in the operation of the motor vehicle to prevent the accident by accurately manipulating the brake and the steering gear.

Nevertheless, while under the influence of alcohol, the Defendant neglected to take the right-hand side while driving, and failed to take the right-hand side of the three-distance intersection by the negligence of moving the right-hand side to the right-hand side of the victim C(43 tax) who was under the signal atmosphere in order to turn to the right-hand side from the non-permanent elementary school to the right-hand side of the right-hand side.

After all, the Defendant damaged the above Oral Sea to cover approximately KRW 8,468,00 of the repair cost by occupational negligence as above.

2. On December 27, 2017, the Defendant, in violation of the Road Traffic Act, driven BM5 cars while under the influence of alcohol content of about 0.220% at a section of about 500 meters from the 59-dong, Ulsan-gu, Chungcheongnam-gu, Seoul-do to the front three-way apartment in the same east-gu. The Defendant driven BM5 cars with alcohol content of about 0.220%.

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