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(영문) 울산지방법원 2020.12.03 2020고단3815
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 25, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violating the Road Traffic Act.

On August 23, 2020, at around 23:50, the Defendant driven a string car in the state of alcohol alcohol concentration of approximately 0.070% from a 500-meter radius to the D convenience point adjacent to the D convenience point located in the same Gu C.

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

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle E-rating.

The defendant driving a car at a temporary border like the above paragraph (1) and continued to proceed to a right-hand approach to the F building at an intersection near the D convenience store located in Ulsan-gu C. Ulsan-gu.

At the time, it is night, and at the same time, there is a duty of care to prevent accidents by accurately manipulating the operation and steering system of the vehicle, while a person engaged in driving the vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not properly look at the progress of other vehicles under the influence of alcohol as set forth in paragraph (1) above, and entered the F-building into the right-hand side of the F-building, and went back to the original lane by changing the course of the vehicle, and returned to the left-hand side of the vehicle at the right-hand side of the vehicle, and the victim G (Nam, 27 years old) who was driving at the right-hand side of the HF car driven by the victim, was facing the front part of the HF car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of the crackdown on drinking driving and a medical certificate;

1. Confirmation of the same kind of reports on investigation;

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