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(영문) 울산지방법원 2020.08.28 2020고단1034
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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

【Criminal Power】 On December 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On August 12, 2010, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】 The Defendant is a person who is engaged in driving freight B and B.

On February 11, 2020, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.127% on blood alcohol level at 01:35, while driving the above cargo vehicle along one lane from the two sking distance in front of the galking ambling distance in front of the ambscopic ambs, the Defendant received the part on the part of the driver’s seat of the victim C (63 years old) who was signaled on the right left left-hand and right-hand left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-on-hand-on-

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment due to occupational negligence, and violated the provision on the prohibition of drunk driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to an inquiry report and an investigation report (attached to the same type of criminal record and a summary order), including a fact-finding report, diagnosis report, inquiry report, inquiry report on the control of drinking driving, report on the situation of a drinking driver (the previous record), criminal records, etc.;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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