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(영문) 울산지방법원 2020.05.27 2019고단5402
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Busan District Court's branch court's order on April 24, 2008, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in the same support on September 3, 2008, respectively. In the same support on July 2, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of the Road Traffic Act (driving).

1. On November 30, 2019, the Defendant driving a DNA Ⅱ in the state of alcohol alcohol leveling 0.116% from a 60-meter radius from the roads in Ulsan-gun Village B in Ulsan-gun, Ulsan-gun, to C, around November 22, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant is a person who is engaged in driving a DPoter II cargo vehicle.

On November 30, 2019, at around 22:07, the Defendant driven the above vehicle while under the influence of alcohol of 0.116%, and driven the vehicle at the same speed of 0.16%, and driven the three-lane road in front of the 4-0 greenhouse distance in Ulsan-gun, Ulsan-do, in the direction of Ulsan-do.

At the front of the defendant's proceeding, the F Track's F Track's F Track's driver's 36 years old) was stopped for the signal waiting, so in such a case, the driver had a duty of care to look well at the front and accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting it, and the Defendant was faced with the front part of the freight vehicle above the Defendant’s driving and the front part of the victim’s driving.

As a result, the Defendant suffered injury to the victim, such as the need to give approximately three weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. The defendant;

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