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(영문) 울산지방법원 2020.11.20 2020고단3839
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On September 12, 2008, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 12, 2008, and a summary order of KRW 1,50,000,000 to a fine for the same crime at the same court on October 16 of the same year.

【Criminal Facts】

On August 11, 2020, the Defendant driven D Poter truck under the influence of alcohol content of 0.192% without a car driver’s license from around 20:20 on the roads near Ulsan-gu B market, Ulsan-gu, to the roads front of Nam-gu, Nam-gu, Seoul-gu, Seoul-gu.

As a result, the Defendant violated the Road Traffic Act (driving) more than twice and driven without a license.

The Defendant is a person who is engaged in driving a DPoter II cargo vehicle. The Defendant is a person who is engaged in driving a Dpoter.

On August 11, 2020, the Defendant driven the above cargo while under the influence of 0.211% of blood alcohol concentration on August 11, 2020, and driven the two-lane road in front of Ulsan-gu Officetel, Ulsan-gu, along one-lane distance from the GBC history distance on the GBC history distance.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well enables the driver of the motor vehicle to look at the front and rear left.

Nevertheless, the Defendant neglected to do so while under the influence of 0.211% alcohol level, and proceeds as it is, and received the front part of the driver’s seat of the victim F(51 years old) who was in the signal waiting at the front direction of the Defendant’s cargo vehicle, from the front direction of the Defendant’s cargo vehicle.

As a result, the Defendant’s negligence in the above occupational negligence inflicted injury on the victim F, such as sugars, which requires approximately three weeks of medical treatment, and the Defendant’s injury to the victim H (V, 65 years of age) who was on board the top of the operation of the said rocketing car, such as a cryp, which requires approximately two weeks of medical treatment, and at the same time suffered injury to the victim F.

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