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(영문) 울산지방법원 2021.01.21 2020고단4482
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On December 20, 2018, the defendant was sentenced to a fine of 3.5 million won for a violation of road traffic law (drinking driving) in the Busan District Court's branch branch on December 20, 2018, and the records of violation of the regulations on prohibition of drinking driving are two times in total

1. On August 22, 2020, the Defendant: (a) driven a motor vehicle under the influence of alcohol with a blood alcohol content of about 3.8 km from around 01:20 to at least 0.125% under the influence of alcohol at around the main road in which the name in Yangsan City B is unknown; and (b) from around 3.8 km to the entrance intersection at D’D’s entrance.

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

2. The defendant is a person who is engaged in driving of a motor vehicle in a high-priced motor vehicle in E in violation of the Special Act on the Settlement of Traffic Accidents.

Defendant 1, along the four-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes, proceeded from the water protection area to the water protection area.

Since there was an intersection where a vehicle signal light and a stop line are installed, there was a duty of care to view the front, rear, and left by a person engaged in driving of a motor vehicle, and to safely operate steering devices and brakes so as to prevent traffic accidents in advance.

Nevertheless, the Defendant neglected this, while driving under the influence of alcohol content 0.125% in blood, and received the back part of the G G G G G G G G G G G G G G G G GG car driving in order to wait for the signal before the Defendant’s direction.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury of the said victim, victim H (the age of 32), victim I (the age of 28), victim J (the age of 31), victim K (the age of 31), and victim K (the age of 31), respectively, for approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement, inquiry of the result of crackdown on driving under influence of alcohol, and the statement of the situation of the driver in charge;

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