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(영문) 울산지방법원 2020.10.15 2020고단2254
교통사고처리특례법위반(치상)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 October 31, 2013, the Defendant was sentenced to a fine of 3.5 million won by the Ulsan District Court for the violation of the Road Traffic Act (driving) and received a summary order of 5 million won by the same court on May 6, 2015.

At around 00:10 on March 7, 2020, the Defendant driven C K3 cars while under the influence of alcohol content of about 8 km from the Do in front of the Busan Metropolitan City, to the roads in front of the monthly intersection in the Busan Metropolitan City’s Articles of Incorporation, the Defendant driven C K3 cars with the alcohol content of about 0.149%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant is a person who drives CK3 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At around 00:10 on March 7, 2020, the Defendant driven the said car at a speed that would not be known after driving it while under the influence of alcohol 0.149%, depending on the three-lanes in the core direction, along the roads adjacent to the parallel intersection in Busan-gun’s Articles of Incorporation, Busan-gun.

At the time, there is an intersection in which signal lights are installed at night and at the front, so the driver of a motor vehicle has a duty of care to properly see the front section, the left part, and the left part, and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and was driven by the victim D (the age of 28) under the influence of signal at the front section of the motor vehicle operated by the victim D (the age of 28) due to the negligence of driving the motor vehicle while under the influence of alcohol as seen above, with the front part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the crackdown on drinking driving, traffic accident report, diagnosis certificate, and written estimate;

1. Application of written judgments and summary order statutes; and

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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