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(영문) 울산지방법원 2014.04.04 2013고단4038
도로교통법위반(사고후미조치)등
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 May 8, 2009, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of the Road Traffic Act in Busan District Court's Dong Branch branch branch on May 8, 200, and a summary order of KRW 2 million for the same crime at the Ulsan District Court on April 18, 201.

1. The defendant is a person who is engaged in driving service of a cargo vehicle B1 ton.

On November 30, 2013, the Defendant driven the above cargo vehicle around 22:45, and led to the driving of the above cargo vehicle in Yangsan City along the two-lane two-lane road in front of the Law-gu, Seogsan-dong, Seosan-dong, and the two-lane road in front of the tunnel.

In such cases, a person who is engaged in driving duty has a duty of care to safely drive by accurately manipulating the steering gear, brake system, etc., while living well on the front left left.

Nevertheless, the Defendant, while neglecting it in the state of alcohol due to occupational negligence, failed to stop immediately and escaped without taking necessary measures, even though the back portion of the back portion on the left side of the Done Star Cornex driveed by the victim C in front of the Defendant’s vehicle, which was driven by the Defendant C, was damaged by the front side of the Defendant’s driving vehicle.

2. On November 30, 2013, the Defendant: (a) driven two-lanes of two-lanes of two-lanes of two alcohol in front of the luculic luculm tunnel in Yangsan-si on November 30, 2013; (b) while under the influence of alcohol concentration of 0.161%, the Defendant driven two-lanes of two-lanes of two alcohol in the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual survey report and photographs related to traffic accidents;

1. Report on the circumstances of a drinking driver, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Written estimate of the cost of underwriting insurance;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. After accidents provided for in Article 148 and Article 54 (1) of the Road Traffic Act, which relate to the relevant criminal facts and which select punishment;

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