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(영문) 울산지방법원 2015.07.27 2015고단631
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 9, 2014, the Defendant driven a Fick car at the 1km section from the front side of a Helung apartment located in the south-gu of Ulsan-gu, Ulsan-si to the front side of a birth pharmacy located in the same new Dong-dong, under the influence of alcohol by 0.157% of the blood alcohol content around 02:45.

2. The Defendant is a person who is engaged in driving a F Saturdays car.

The defendant driving the above time and time, and driving the above car, led to the two-lane road in front of the Young-gu New-dong in Ulsan Metropolitan City along the parallel distance, along one-lane from the south side of the company crossing to the Taeri-ri.

At the same time, a crosswalk is installed in which the yellow-de signal apparatus is operated, and the Defendant, while driving in the state of alcohol of 0.157% of the blood alcohol concentration, the Defendant, while driving at the same time without reducing the speed in front of the crosswalk, shocked the victim G (W, 59 years of age) and the victim H (W, 61 years of age) to the front part of the said crosswalk at the same time without reducing the speed.

Ultimately, the Defendant caused the death of the victim G due to the blood chest (scarlet blood retention status) at the same place of duty as above by occupational negligence, and suffered injury to the victim H, such as the right-side bed and the right-side bed, requiring treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. H's statement of a traffic accident-related person;

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

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

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3 (1), Article 3 (2) (proviso) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, 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 facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition.

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