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(영문) 울산지방법원 2019.03.28 2019고단145
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car in the amount of Bone Star.

On December 11, 2018, the Defendant driven the said car with the influence of alcohol on December 22:2, 2018, and driven the Ulsan-gu Fire Services Distance from the surface of the filial length to the surface of the racing at approximately 50km per hour.

At this time, the driver had a duty of care to prevent the accidents leading to the preceding vehicle by clearly operating the steering direction and brakes well, and driving the steering direction and brakes safely.

Nevertheless, the Defendant’s negligence of neglecting a breath while under the influence of alcohol in the front section of the foregoing vehicle at the time of the negligence.

The part following the D Lasta taxi driven by the injured party C(54 years old) who was stopped due to new heading was entirely part of the said Lone Star car.

As a result, the Defendant suffered injury to the victim C, such as salt ties and tensions, which require approximately two weeks of medical treatment by occupational negligence as above, and injury to the victim E (the 25-year-old passenger) who is a taxi passenger, such as clocks that require approximately three weeks of medical treatment.

2. Around December 22, 2018, the Defendant driven the said B Star Motor Vehicle while under the influence of alcohol by 0.169% in blood alcohol concentration from the vicinity of the Ulsan-dong, Ulsan-dong, Ulsan-dong, to the same chemical service distance from the area adjacent to the Ulsan-dong, Ulsan-dong, Ulsan-dong to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to any inquiry into the results of the control of drinking driving and any investigation report (report on the circumstances of drinking drivers);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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