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(영문) 울산지방법원 2015.06.25 2014고단1767
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 2, 2007, the Defendant issued a summary order of KRW 2 million at the Ulsan District Court for a fine of KRW 2 million for a violation of the Road Traffic Act, and on March 27, 2013, the same court issued a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on April 23, 2014, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act.

On March 26, 2014, the Defendant, who is engaged in the business of driving BM5 automobiles, driven the said automobiles under the influence of alcohol concentration of 0.162% without obtaining a driver's license on March 26, 2014, and operated the said automobiles at a speed that would not be known depending on the one-lanes of the road front of the Korea Electric Power Corporation in the Northern East East East East East East-do at a two-lanes.

At this point, there is a center line of yellow solid lines, so the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and caused the injury to the injured party E (the aged 42) who was on the part of the injured party C (the aged 44) driving the said road due to the negligence of driving the central line over the north-do road from the north-do basin to the front part of the said car by the Defendant’s driving, and caused the injury to the injured party E (the aged 42) who was on board the said cargo at the same time, such as clostal salt, tension, etc. in need of approximately three weeks of medical treatment.

Summary of Evidence

1. The police statement of the defendant;

1. Each statement of the defendant and C

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act, respectively;

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