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(영문) 울산지방법원 2018.11.23 2018고단2728
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 25, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 0.072% alcohol level in the 3km section from the front of the “former half-gu market” in the Ulsan-gu Postal Dong on August 18, 2018 to the front of the Doel in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu., the Defendant driven a motor vehicle under the influence of alcohol level of about 0.072%.

2. The Defendant is a person who is engaged in driving service of a motor vehicle with low-priced motor vehicles in compliance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

Defendant 1 driven a car at the time of the day set forth in the above paragraph 1 and brought forward the car on the road.

At the time, there is a night and a backway, so in such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle by safely examining whether there is a pedestrian.

Nevertheless, under the influence of alcohol, the Defendant was at the age of 55 on the part of the victim F (the age of 55) who was driving after the said car due to negligence while neglecting this.

Ultimately, the Defendant suffered injury to the victim, such as the 10th century of the slives, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) (the driving of alcohol, 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 (the choice of imprisonment without prison labor) concerning criminal facts;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act for the aggravated concurrent crimes is concurrent crimes.

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