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(영문) 울산지방법원 2013.07.11 2013고단1676
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

At around 04:20 on March 1, 2013, the Defendant is a person engaging in driving Cra-car. The Defendant driven the said car from approximately 500 meters away from the road near the building in Ulsan-gu, Busan-do to the road near the cYC apartment located in the same Dong-dong, under the influence of alcohol content of 0.104% on blood alcohol level. On March 1, 2013, the Defendant was driving the said car at approximately 500 meters away from the road near the circ apartment, and the two-lane way near the above circ apartment was driving from the modern department store to about 30km each hour from the public health clinic distance.

At the same time, there was an apartment door, and at the same time, there was a duty of care to prevent accidents in advance by checking whether the defendant engaged in driving business is a person who walked by reducing speed and checking the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the same speed while crossing the road from the left side of the car driving direction to the right side of the road, and the victim B (the age of 75) was in front of the said car.

As a result, the Defendant suffered injury, such as crossing the right-side 1 to 5, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A police fact-finding survey report and a report on detection of a host driver;

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (However, the lower limit shall be the concurrent crimes determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier;

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