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(영문) 울산지방법원 2015.01.07 2014고단1924
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Busan District Court, and on December 27, 2013, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch branch.

At around 18:10 on April 19, 201, the Defendant driven the said car under the influence of alcohol of about 30 meters from the 30-meter section to the front of the entrance of the bus terminal at issue, without obtaining a driver’s license, and driven the said car under the influence of alcohol of about 0.140%, leading the road front of the entrance of the bus terminal at issue to the high-speed bus distance from the apartment side of the Dong-dong, where it is difficult to identify the trade name near the bus terminal located in the south-gu, Busan Metropolitan City.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to observe the Road Traffic Act, such as failing to drive a motor vehicle while under the influence of alcohol without impairing the left-hand side of the center line, and prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so, while driving a vehicle while under the influence of alcohol without obtaining a driver’s license as above, and faced the left-hand side of the central line and stopped on the opposite direction, received the front-hand part of the victim D(61 years old) driving E rocketing taxi in front of the vehicle of the Defendant.

The Defendant, by negligence in the course of business, inflicted bodily injury on the victim, such as cloudal dynas, requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. A medical certificate;

1. A previous conviction in judgment:

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