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(영문) 울산지방법원 2017.09.21 2017고단2309
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

1. On April 23, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, a summary order of KRW 2 million for the same crime at the same court on May 15, 2009, and a summary order of KRW 1 million for the same crime at the same court on June 29, 2007, respectively.

On May 3, 2017, the Defendant, while under the influence of alcohol level of 0.108% during the blood alcohol level at the Hansan Intersection located in Ulsan-gu, Ulsan-do on May 3, 2017, was punished two times or more as a crime of violating road traffic laws (drinking) while driving the said vehicle under the influence of alcohol level.

2. The defendant is a person who is engaged in driving of the 5M cargo vehicle in the above 5M truck.

The Defendant driven the above cargo vehicle while under the influence of 0.108% alcohol concentration in blood at the time and place specified in paragraph 1, along the two-lanes from the remote distance from the evisg to the racing along the above-mentioned intersection.

At the time, there is a duty of care to prevent accidents in advance by taking into account whether there is a vehicle stopping under a new code by reducing the speed and putting the vehicle on the front door to a person engaged in driving of a motor vehicle in such a case, because it is at night and at the same time the signal apparatus is installed.

The Defendant neglected to do so and negligently stops in the front of the traffic signal traffic vehicle at the victim F (28 Do) driving which was driven by the Defendant, and the rear part of the victim F (28 Do) driving car is the front part of the above LL 5MT freight vehicle, and due to the shock, the victim D (24 Doe) driving, which was stopped in the front of the vehicle, was driven by the Defendant, and the rear part of the victim D(24 Doe) driving, which was driven in the front, was driven by the Defendant, and the above low PP car is now pushed into the front part of the vehicle.

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