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(영문) 울산지방법원 2018.11.21 2018고단1870
교통사고처리특례법위반(치상)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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 1, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the Ulsan District Court, and on May 4, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a car with Cknife in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 20, 2018, the Defendant driven the said car under the influence of alcohol content of 0.329% in blood around 19:10 on May 20, 2018, and led to two-lanes of the national highways letter No. 35 in front of the treatment Mariri, in the northwestwest Sea in Yangsan City, to proceed from the northwest-do along two-lanes.

At the time of the defendant's front time, the victim D(66) driving car was in progress, so in such a case, there was a duty of care to maintain the safety distance to the person engaged in driving of the motor vehicle and to prevent the accident by properly examining the situation of the motor vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle while driving the motor vehicle at the fourth city, and received the back part of the motor vehicle at the fourth city as the front part of the motor vehicle at the above car.

Defendant 1 suffered injury, such as salt, tensions, etc., to the victim for about three weeks of medical treatment due to such occupational negligence.

2. On May 20, 2018, the Defendant driven a CF car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.329% at the section of approximately 2km from the roads of the East U.S. S. S. S. P. P. CF car, which is located in the upper north of the upper north of the west-si, Yangsan City, to the treatment marine and the front road of the apartment.

As a result, the Defendant, who has been punished more than twice due to a violation of the Road Traffic Act (drinking driving), once again driven the said car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. D traffic accidents;

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