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(영문) 울산지방법원 2020.12.23 2020고단4245
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On August 13, 2010, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Ulsan District Court on the same day. On January 12, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

On August 10, 2020, at around 22:40, the Defendant driven Fone Starex, under the influence of alcohol concentration of approximately 0.085%, from around 500 meters to the same e apartment parking lot via the same Gu-style Damar road from the road near Ulsan-gu B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant is a person who is engaged in driving a Fsch Rexroth under the Special Act on the Settlement of Traffic Accidents.

On August 10, 2020, when the Defendant was under the influence of alcohol at 0.085% on the blood alcohol level, while driving the above marcing vehicle and driving it on the roads in front of the Ulsan-gu Darstion, due to occupational negligence, who failed to accurately operate the steering gear and brakes without properly examining the back, the Defendant received the front part of the HGTS125 motor bicycle driving from the above marcated passenger vehicle (Nam, 21 years old) behind the above marcing vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. The actual survey report and on-site photographs;

1. Hearing reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. The crime of violation of the Road Traffic Act in the option of punishment;

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