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(영문) 울산지방법원 2014.02.20 2013고단3843
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 19, 2007, the defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act (driving) at the Busan District Court, and on October 14, 2010, the defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act (driving) at the Jinwon District Court on March 14, 201.

1. Around 07:06 on November 6, 2013, the Defendant driven Brano-car at a 3km section from the front side of the community service center located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do to the front side of the Confucian-dong, Ulsan-gu, Busan-do, while under the influence of alcohol by 0.215% of alcohol content.

2. On November 6, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Brano-car. Around 07:06, the Defendant driven a rano-car with the above alcohol concentration of 0.215% while under the influence of alcohol around November 6, 2013, and led the two-lane road in front of the Confucian School located in Ulsan-gu Busan Metropolitan City, Ulsan Metropolitan City along the direction of the North Korean intersection from the side of the postal intersection.

At the time, the passage of the vehicle was frequent as time of commuting and there was a three-distance crossing at the front of the place, so in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle while maintaining the safety distance between the front and the front.

Nevertheless, the defendant neglected this and proceeds ahead of it in the same lane by negligence.

In order to avoid a collision, it was immediately found that the victim C (hereinafter referred to as 49 years of age) who temporarily stops due to the stopping of the preceding vehicle that intends to turn to the left due to the left-hand left-hand stop of the vehicle and that the vehicle was driven by the victim C (hereinafter referred to as 49 years of age) was immediately driven by the vehicle, but it did not reach the part of the defendant's vehicle's front-hand part.

Ultimately, the Defendant’s occupational negligence requires approximately ten weeks of treatment to the victim.

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