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(영문) 울산지방법원 2020.08.27 2020고단2171
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On January 16, 2019, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act at the Ulsan District Court on January 16, 201.

On March 19, 2020, at around 21:54, the Defendant driven a “C” vehicle in Ulsan-gu B from the front of the “C” road in Ulsan-gu, Ulsan-gu, Seoul-do to the front road of the same Gu D apartment, while under the influence of alcohol content of about 0.169% from the 1km section to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. A person who is engaged in driving a motor vehicle at low price under Defendant E in violation of the Road Traffic Act (SPS).

On March 19, 2020, the Defendant driven the above low-speed car at a speed of about 20 km in the direction of G from the bankruptcy distance protection area to the end of the road in the middle-gu Fudio in Ulsan-gu, Ulsan-gu. Around 21:54.

Since the place has been parked in another vehicle, there was a duty of care to accurately operate the steering system, brakes and other devices of the vehicle and to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected to do so and was in the order of the front part of the Defendant’s vehicle H owned by the Victim H, which was parked in the F, the facility of the F, which was located on the right side of the driving at the right side of the driving due to the negligence of running in the state of alcohol with 0.169% alcohol concentration.

Ultimately, the Defendant, by such occupational negligence, scrapped the victim's car free-to-land, and escaped without immediately stopping the car so that the car free-to-land can be destroyed by KRW 7,260,000 for the repair cost, and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Examination report on the actual condition, on-site photographs, and the results of the crackdown on drinking driving;

1. The investigation report (the state of damage);

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