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(영문) 울산지방법원 2021.01.14 2020고단2609
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2020, the Defendant was driving a f-hurbed car with alcohol content of about 700 meters from a section of approximately 700 meters to the E convenience store located in D in Yangnam-si, Yangyang-si, Yangyang-si, Yangyang-si (D) around 01:50 on April 14, 202, while under the influence of alcohol by 0.095%.

2. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of a motor vehicle with lurged motor vehicle from the F

Defendant 1 driven the said car while under the influence of alcohol concentration of 0.095% in blood at the time of the day set forth in the above paragraph 1, and driven the said car at a speed of about 40 km per hour from G apartment room to H surface in front of the E convenience store in Yangsan-si, Yangsan-si.

Since the location was a blind-distance intersection that is not supported by traffic control, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a vehicle crosses by reducing the speed or temporarily stopping the vehicle, and accurately manipulating the steering direction, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected the above road and got a shock by taking the front part of the victim I (Seoul, 37 years old) driving which was left left by the left-hand side from the right-hand side of the running direction of the motor vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim who drives the said car due to the above occupational negligence, such as the cutting of a bar in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A certificate of hospitalization and a medical certificate;

1. The application of the Act and subordinate statutes to the investigation report (the victim's telephone statement as to the circumstances of the accident).

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