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(영문) 울산지방법원 2019.08.27 2019고단1843
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 26, 2012, the Defendant issued a summary order of KRW 2,50,000 by the Ulsan District Court for a violation of the Road Traffic Act (driving) and issued a summary order of KRW 3,50,000 by the same court on May 19, 2014.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a Bco or a car;

On March 14, 2019, the Defendant was under the influence of alcohol of 0.078% on blood alcohol concentration at around 21:10, and the Defendant was driving a vehicle in front of Ulsan-gu C in accordance with one lane among the two lanes in the direction of the second distance distance in Dr. Dr. and on the surface of Dr.s., the Defendant was under the duty of care to safely drive the steering gear and brakes according to the structure and performance of the vehicle.

The Defendant neglected to do so, driving the said car, thereby proceeding in accordance with FCA1105, FCA1105, a victim E (the age of 19) driving, and received the victim’s back part as the front part of the said car.

The Defendant, by occupational negligence, caused the victim to suffer injury to sugar, etc. with no two inner sufferings, which requires an open treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol of about 0.078% from the front of the H Library located in North-gu G in Ulsan-si, Ulsan-si, Seoul-si, to the front of the said Gu C at approximately 300 meters.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Medical certificates and photographs;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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