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(영문) 울산지방법원 2018.07.18 2018고단1410
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Busan District Court’s Branch Branch, and on May 10, 2016, issued a summary order of KRW 2,50,000 as a fine for the same crime from the Busan District Court’s Branch Branch.

1. The Defendant is a person who is engaged in driving of 2 vehicles which spread to a gallon C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 18, 2018, while under the influence of alcohol content of 0.170% in blood, the Defendant driven 2 vehicles which 0.170% in the above gallon, and driven 4 lanes in Ulsan-gun, Ulsan-gun, by driving 2 vehicles with three lanes each other at a speed of about 20km along the three-lane distance from the intersection of volcano.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation of the operation system and the steering gear.

Nevertheless, Defendant 2’s negligence, while under the influence of alcohol as seen above, was driven by the Defendant’s 2 vehicle’s back 2 vehicle in front of the instant gallon that was driven by the victim E (S) who was standing at the gallon direction of the said gallon in the direction of the operation of the said gallon.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) driving two vehicles within approximately 2 km section, while under the influence of alcohol content of about 0.170% in blood, the Defendant driven two vehicles within the said gallon, under the influence of alcohol content of about 0.170%, from the front Do of the Geumju-gun, Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do, Seoul-do, to the roads located in Ulsan-do D., Ulsan-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver in charge; and

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