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(영문) 울산지방법원 2019.02.28 2018고단3198
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 2, 2009, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Ulsan District Court, and on August 21, 2012, the Defendant received a summary order of KRW 2 million as a fine by the same court.

1. Around 06:45 on July 20, 2018, the Defendant driven a C car under the influence of alcohol with a 0.089% blood alcohol concentration from the section of approximately 8 km from Ulsan-gun through Ulsan-gun, Ulsan-gun, Ulsan-do, to the road in front of the Samnam-gun, Ulsan-do.

Accordingly, the defendant, who has been punished twice or more due to drinking driving, was driving the same soburged vehicle under the influence of alcohol again.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with C Amo-lur.

On July 20, 2018, the Defendant was under the influence of alcohol with 0.089% of blood alcohol concentration 06:45 on July 20, 2018, and was driving the national highway No. 35 in front of Samgsan-gun, Ulsan-gun, Ulsan-do, at the parallel parallel of two-lanes from Ulsan-do to 61-70km each hour.

At night and at the same time, the victim's E-Poter is driving in one lane, and in such a case, there was a duty of care to prevent accidents by maintaining the lane to those engaged in the driving of the motor vehicle and safely changing the lane by checking the progress of other motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane and received the front panion of the cargo vehicle after the vehicle from the sourged by negligence.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inspection of the results of the drinking driving control;

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