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(영문) 울산지방법원 2020.05.13 2019고단3869
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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) and the Defendant is a person who is engaged in driving a vehicle in B SP paper.

On August 31, 2019, the Defendant, without a driver’s license on August 31, 2019, driven the above vehicle while under the influence of alcohol 0.141%, and driven the three-lane road in front of the Ulsan Northern-gu C Apartment, Ulsan-gu, Seoul apartment zone, one lane from the side of the D apartment to the E elementary school.

Since there is an intersection, there was a duty of care to see the front side to a person engaged in driving of a motor vehicle, and to prevent accidents by accurately manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and proceeded at the front of the same lane and received the front side of the Defendant’s driver’s car from the victim F(the age of 62) driving, which was parked in order to signal to the same lane.

As a result, the Defendant caused the victim’s injury to salt and tensions that require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the said rocketing car to be in excess of KRW 560,100 for repair costs, such as back-fluences exchange.

2. On December 7, 2018, the Defendant was issued a summary order of KRW 8 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on December 7, 2018.

On August 31, 2019, at around 08:20, the Defendant driven a B Sti-type car without a car driver’s license within approximately 500 meters from the north-gu Seoul Metropolitan Government H (H) to the front intersection of the same Gu C apartment house.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

3. The Defendant violating the Guarantee of Automobile Accident Compensation Act shall subscribe to mandatory insurance at the same time and place as the above two paragraphs.

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