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(영문) 울산지방법원 2020.06.17 2019고단4930
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:50 on Nov. 11, 2019, the Defendant driving a motor vehicle B in the direction of approximately 8 kilometers in the middle-gu, Ulsan-gu, Busan-do, where the blood alcohol concentration of 0.195% was under the influence of influence on November 11, 2019.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car B high-speed car.

The Defendant proceeded from the side of the Asan-ro to the south-do Mansan-dong with the ethic speed from the ethic ethic ethic ethic ethic ethic ethic eth.

At the time, since it is at night and a crosswalk is installed, there was a duty of care to safely operate a person engaged in driving service, such as checking the front and the right and the right and the right and the right and the right and the right and the right, and accurately operating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was driven by the victim C (the age of 48) who was under the influence of a signal waiting at the front of the instant high-speed vehicle.

The Defendant, due to the above occupational negligence, suffered injury, such as pressure pressure 1, which requires approximately 12 weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the crime of violation of the Road Traffic Act, imprisonment shall be sentenced;

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

1. Discretionary mitigation Criminal Act;

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