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(영문) 울산지방법원 2020.06.11 2020고단718
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 June 3, 2010, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on December 16, 2013.

The Defendant is a person engaging in driving a rocketing car.

On February 16, 2020, the Defendant driven the said rocketing car with a blood alcohol content of 0.142% 0.15% at the same time, and driven the two-lane road at the same time in mass mountain, the two-lanes of the two-lanes of the two-lanes, which are in front of the two-lanes, from the mass mountain, Busan, the subway Station, and the Bank of Busan, the two-lanes of the two-lanes of the two-lanes of the two-lanes by occupational negligence, without properly examining the influence of alcohol, and without accurately operating the steering direction and the brakes, the Defendant received the part on the back part of the victim D(27 years old) driving seat of the said two-lanes of the two-lanes of the said road at the bend line.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment due to occupational negligence, and violated the provision on the prohibition of drunk driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, the results of crackdown on drinking driving, and a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);

1. Relevant provisions of the Act on Special Cases Concerning Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment (the point of sound driving, the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: Defendant is driving twice.

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