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(영문) 울산지방법원 2015.05.14 2015고단184
교통사고처리특례법위반등
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 issued a summary order of KRW 2.5 million in the Daegu District Court's port branch on March 2, 2009 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million in the Ulsan District Court on July 8, 2013 and a person who has a record of being issued a summary order of KRW 5 million in the Ulsan District Court on July 8, 201.

1. Around 19:35 on December 31, 2014, the Defendant driven a DNA cargo vehicle without a driver’s license while under the influence of alcohol of approximately 0.173% from the 300-meter section to the upper 74-way road north-west of Ulsan-gun, Ulsan-gun, Ulsan-gun, to the west-gun, Ulsan-gun, in a state of under the influence of alcohol of about 300 meters with a blood alcohol concentration of 0.173%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight cars.

On December 31, 2014, the Defendant driven the above vehicle on December 19:35, 201, and continued to drive the vehicle on the road 74 front of the Plsan-gun, Ulsan-gun.

Since there is a road with a central line, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle, and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, breathed the front part of the F SPP car driven by the victim E, which was driven by the negligence of driving the center line without obtaining a driver's license, with the front part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

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

1. Registers of driver's licenses;

1. Medical certificates;

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