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(영문) 울산지방법원 2019.07.19 2019고단958
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal power] On November 15, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and on September 7, 2016, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. Around 04:30 on December 28, 2018, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.094% at a 0.094% alcohol level on the front side of the lusular road located in Ulsan-gu, Ulsan-gu, Ulsan-do.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said car at the time specified in paragraph (1) and proceed to the road at a speed of about 20 kilometers from the upstream of the Taecheon River to the long distance of filial length.

At this time, the Defendant had a duty of care to properly operate the steering and operating the steering gear in a state of securing a safe distance that can be avoided when a driver of a motor vehicle stops a motor vehicle in the same direction, since the Defendant had a DNA motor vehicle driven by the victim C (the age 42).

Nevertheless, the Defendant was negligent by neglecting his duty of care as seen above and neglecting to properly operate the steering gear and operation of the steering gear by driving a stroke, and received the part behind the said stroke passenger vehicle waiting in the front direction at the front direction of the said stroke-man car.

Ultimately, the Defendant’s negligence on the part of the Defendant, which requires approximately two weeks of medical treatment, is salted and tensions.

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