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(영문) 울산지방법원 2013.12.13 2013고단3430
교통사고처리특례법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2008, the defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Busan District Court on August 1, 2008, and on January 20, 2013, the same court was sentenced to a fine of 1.5 million won for the same crime and was sentenced to a fine of 1.5 million won or more for the same crime.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM3.

On September 25, 2013, the Defendant driven the above car on September 25, 2013, and proceeded at a speed of about 80 km from Seoul to Busan, at a speed of about 24.4 km in the northwest-west Highway 24.4 km in Yangsan-si.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle so that the driver of a motor vehicle can well live in the front line while maintaining the safety distance with the motor vehicle in front, and accurately manipulate the steering direction and brakes so as not to cause any accident.

Nevertheless, the Defendant was negligent in neglecting the alcohol level of 0.220% while driving a blood alcohol level of 0.220% and was driven by the victim C(58 years of age) who was driving in the same direction on the front side of the Defendant’s vehicle located in the same direction as the front part of the car driven by the Defendant.

As a result, the Defendant suffered from the following: (a) the Defendant was negligent in performing the foregoing occupational negligence to the victim for a approximately three weeks of medical treatment; (b) the sacrife, patrial sa

2. Around 05:45 on September 24, 2013, the Defendant driven a BM3 vehicle while under the influence of alcohol content of about 0.220% in the section of about 25km from the Do in order to the 24.4km in the northwest-west Road at Yangsan-si, Ulsan-gun, the C-do Do in the direction of the CM3 vehicle from the Do in the direction of about 25km to the Do in the northwest-do west-do 201.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A written appraisal of blood alcohol;

1. A medical certificate (C);

1. Previous convictions in judgment: Criminal records and summary order of Acts and subordinate statutes;

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