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(영문) 울산지방법원 2019.08.29 2019고단2033
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On March 25, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on March 25, 201, and was sentenced to a fine of six million won for the same crime in the same court on October 25, 2017.

【Criminal Facts】

1. Around 05:00 on May 6, 2019, the Defendant driven a dived motor vehicle with a blood alcohol concentration of about 0.182% under the influence of alcohol level at approximately five kilometers on the front of a restaurant cafeteria in Nam-gu, Nam-gu, Nam-gu, the trade name of Ulsan-gu, B is unknown.

2. Around 05:00 on May 6, 2019, the Defendant violated the Road Traffic Act (e.g., after-accident), driving the said car, leading the road in front of the intersection intersection in the Seogsan-dong, Ulsan-gu, Ulsan-do, to the direction of about 40 kilometers, while bypassing the road in front of the intersection intersection from the intersection to the intersection of the Ulsan-do, Ulsan-do.

In such cases, a driver was negligent in performing his/her duty of care to prevent accidents in advance, while he/she was negligent in neglecting his/her duty of care to prevent accidents by accurately operating the front side and the left side of his/her career and the left side and the left side, and was divided into the vehicular road owned by the victim FF corporation.

Although the Defendant, by occupational negligence, destroyed the victim’s pents for the amount equivalent to KRW 2,165,000, the Defendant immediately stopped and escaped without taking necessary measures, such as preventing traffic interference and removing risks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and estimates;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of the surrounding driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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