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(영문) 울산지방법원 2012.11.23 2012고합442
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 4, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on January 4, 2008, and was sentenced to a suspended sentence of 1 year for the same crime in the same court on July 17, 2009, and is engaged in driving of a franchise-to-car.

On August 25, 2012, the Defendant, without a driver’s license around 00:50 on August 25, 2012, while under the influence of alcohol 0.124%, driven the said car, and proceeded with the front side road of the Yellow-gu, Ulsan-gu, Ulsan-gu, by driving the said car at the influence of alcohol 0.124% from the surface of the airfield road.

At the time, there was a duty of care to prevent accidents by safely driving an automobile driving by reducing speed and checking the right and the right and the right and the right and the right and the right and the right of the vehicle driving.

Nevertheless, under the influence of alcohol, the Defendant was negligent by entering the intersection, and the victim D (the 55 years old) who was under way in the breath from the breath of the modern department store to the breath of the breath, thereby suffering from the injury of the breath, etc. requiring two weeks of treatment to the victim by taking the front part of the breath of the breath vehicle driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to D traffic accidents;

1. A fact-finding survey report and a report on detection of a host driver;

1. The register of driver's licenses and the register of car cars (C);

1. A medical certificate;

1. On-site photographs;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Trade name;

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