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(영문) 울산지방법원 2020.10.07 2020고단3231
교통사고처리특례법위반(치상)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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving the B body-wide car.

On July 9, 2020, the Defendant driven the said car under the influence of alcohol level of 0.196% on July 21, 2020, and went behind to park in the D parking lot located in Ulsan-gu C, Ulsan-gu.

In such cases, the driver of the vehicle has a duty of care to prevent accidents by safely proceeding with the driver of the vehicle by taking into account the traffic situation of the front and rear sides.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol level 0.196% and was at the same time stopped on the lower part of the victim E(E, South and 49 years old) driving that was under the influence of alcohol level 0.19%, and received the front part of the victim E(E, 49 years old) driving.

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

2. On April 5, 2010, the Defendant received a summary order of KRW 1.5 million as a fine for a crime of violating the Road Traffic Act from the Ulsan District Court on April 5, 201.

Nevertheless, at around July 9, 2020, the Defendant driven B C in the state of alcohol alcohol concentration of approximately 0.196% from the 1km section to the D parking lot located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The legal statement, statement, report on the occurrence of a traffic accident, statement of a person involved in the traffic accident, and medical certificate;

1. Report on the results of the crackdown on drinking driving (including details of correction), the circumstantial statement of a drinking driver, and investigation report;

1. Previous convictions as indicated in the judgment: Criminal history records (A) and the application of Acts and subordinate statutes to investigation reports (same-class power);

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