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(영문) 울산지방법원 2018.05.11 2018고단404
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 29, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on March 21, 2011, a summary order of KRW 1.5 million for the same crime at the Busan District Court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.

On November 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.064% from blood transfusion around 02:00 and continued three-lanes from the south-gu industry of Ulsan Metropolitan City to the remote distance of 404 new distance.

At that time, there is a duty of care to prevent the occurrence of an accident by safely driving in accordance with the signals in a clear mental condition to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as the complete wave on the right side of the road section, which requires the treatment of about 8 weeks of his driver's car, by taking into account the top side of the e-car driven by the victim D (the 56-year old), who was under normal process from the left side of the Defendant's course to the right side of the victim D (the 56-year old), under the influence of alcohol due to the negligence in contravention of the signal while under the influence of alcohol.

Ultimately, the Defendant caused the injury to the victimized person by occupational negligence above.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven CM5 vehicle under the influence of alcohol of about 0.064% in blood alcohol level from the roads near the summer-gu, Ulsan-gu, Seoul-do, Seoul-do, to the same industry from the roads near the summer-do, Seoul-do, Seoul-do, to the roads adjacent to the same 404 Shin SM5 vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident;

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