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(영문) 울산지방법원 2020.04.21 2019고단5099
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 22, 2015, the Defendant received a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

1. Around October 21, 2019, the Defendant driven the Montreal car in a state of alcohol of about 4km from the section of approximately 0.161% of blood alcohol concentration from the 4km section to the datp mp section of the Datp Stack Stack Stackp, located in the same Gu C from the road near the Ulsan-gu B market in Ulsan-gu, Ulsan-gu to the same Gu.

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

2. The Defendant is a person engaging in driving a motor vehicle in the Montreal.

On October 21, 2019, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, and driven it on the road of one-laned section of the Dunk Stak Stak Stak Stak Stung-gu, Ulsan-gu, Ulsan-gu. The Defendant proceeded from F to the raw ginseng distance.

At the time, it is night and its front is a bend, so in such a case, the driver has a duty of care to reduce the speed, properly look at the right and the right and the right, and accurately manipulate the steering and brakes so as to prevent the accident from spreading.

Nevertheless, under the influence of alcohol, the Defendant neglected it and destroyed the street etc. managed by the Victim's Facilities Management Corporation of Ulsan Metropolitan City, which was set up on the left side of the opposite direction of the running direction due to the negligence of the Defendant, and left the site without leaving the said car on the road of the accident site.

Ultimately, the Defendant did not immediately stop the street to the extent that the repair cost of KRW 3,058,00 due to the above occupational negligence and did not take necessary measures, such as preventing danger and obstacle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of traffic accidents and the control of drinking driving;

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