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(영문) 울산지방법원 2021.02.05 2020고단4403
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On September 9, 2013, the Defendant received a summary order of KRW 7 million for a fine due to a violation of road traffic law (driving) at the Ulsan District Court.

[Criminal facts]

1. On August 14, 2020, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle in the state of alcohol alcohol concentration of 0.044% from the 3km section of approximately 3km to the front road of the school, from the road in Ulsan-gu B, Ulsan-gu, U.S. to the road in front of the school.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of a motor vehicle with Dials.

On August 14, 2020, the Defendant driven the said car under the influence of alcohol level of 0.044% during blood transfusions on August 16:30, 202, while driving the said car, and driving the four-lane road in front of the school between Ulsan-gu and Ulsan-gu, U.S., along the two-lanes from C to the north-west side of the name line.

Since there is a road where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to live well on the front side and the left side, and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant was a part of the front part of the car driven by the Defendant, which was driven by the victim E ( South, 60 years old) who was driven in the opposite direction at the time when the Defendant was negligent in driving the central line by neglecting it under the influence of alcohol as above, and was driven by the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the occurrence of a traffic accident, and a photograph, CD, and a medical certificate by capturing a black stuffe image;

1. A driver who makes an inquiry about the result of crackdown on driving under drinking, and a driver who takes the driving;

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