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(영문) 울산지방법원 2019.03.14 2018고단3728
도로교통법위반(음주운전)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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who has driven a passenger car in B as a business.

On August 2, 2018, the Defendant driven the said car while under the influence of 0.096% on August 2, 2018, and driven it to the industry of Ulsan-gu from the upstream of the upstream to the Ulsan Airport located in Ulsan-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by taking into account the right and the right of the front side.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was able to drive the victim C(57 years old) who was waiting in front of the direction of the vehicle running in the Ecub, and was charged with the parts of the wing 3 wing-Fwing truck behind the wing-Fwing truck.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, to the victim.

2. Around 03:05 on August 2, 2018, the Defendant driven the e-cub vehicle in the state of alcohol alcohol concentration of about 0.096% from the section of approximately 3km up to the original 3km road located in the e-house of Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, to the front side of the original e-house of the same Gu, while under the influence of alcohol concentration of about 0.096%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Application of Acts and subordinate statutes of a medical certificate;

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 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act for orders to provide community service and attend lectures;

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