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(영문) 울산지방법원 2020.04.23 2019고단4255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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. On September 23, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 23, 2013, and on April 29, 2015, the Ulsan District Court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act.

On August 29, 2019, at around 14:10, the Defendant driven a F-wing and Ⅲ truck while under the influence of alcohol concentration of about 0.224% from approximately 680 meters to the E parking lot located in the same Gu, via the same Gu C, at a level of approximately 680 meters.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. A person who has violated the Road Traffic Act (if not involved in an accident) is a person who is engaged in driving of a 1.2 ton of the fwing and 1.2 tons of cargo.

On August 29, 2019, the Defendant driven the above cargo vehicle on August 14:10, 2019, and got the front side road of Ulsan Northern-gu C from G convenience point to H at a ethic speed. The Defendant was driving the vehicle with the vehicle at the end of the week.

The above side-road was narrower in the width of the road, and the J70 car of the victim I (n, 62 years old) driving at the Marin, was a stop on the right side of the road. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front left, and accurately manipulating the steering and brake system.

Nevertheless, the Defendant, while under the influence of alcohol as mentioned in the preceding paragraph, was negligent in the course of driving the said cargo vehicle by negligence in the course of duty while neglecting the above duty of care and received the part behind the driver’s seat of the said vehicle.

Ultimately, the Defendant destroyed the said car and did not take necessary measures, such as the provision of personal information, to ensure that the repair cost is equivalent to KRW 630,000 due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1.The police of I.S.

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