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(영문) 울산지방법원 2015.11.26 2015고단2627
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 28, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million with a fine of KRW 4 million with the same crime at the Cheongju District Court on August 4, 2010.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B-learning automobiles.

On October 7, 2015, the Defendant driven the said car under the influence of alcohol level of 0.113% on blood alcohol level around 04:25, and started from the non-profit area of Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, and proceeded with the project to the extent of the consul-distance of the same Ri project.

At the time, there is a night and a place where the center line of the yellow-line is installed, so in such a case, a person engaged in driving service has a duty of care to thoroughly operate the electric-line and to safely operate the electric-line.

Nevertheless, the Defendant neglected this and operated the above-learning passenger car beyond the center line while under the influence of alcohol, and received D Launa car from the victim C(63 years old) who is waiting for signaling to the opposite lane.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (driving on a sound driving) was driven by the Defendant under the influence of alcohol with approximately 2 km alcohol concentration of about 0.113% from the section of approximately 2 km to the distance of the Gu consul in Ulsan-gun, Ulsan-gun, Seog-gun, Ulsan-gun, Seoul-do, for a temporary border as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the results of the drinking driving control, report on the state of drinking driving, and inquiry into the results of the drinking driving control;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Photographs related to each accident;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Criminal facts;

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