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(영문) 울산지방법원 2020.02.06 2019고단3888
도로교통법위반(음주운전)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 May 23, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

【Criminal Facts】 The Defendant is a person engaging in driving a B car.

On September 16:58, 2019, while the Defendant driven the said vehicle while under the influence of alcohol with 0.195% of blood alcohol level 0.1,00, while driving the said vehicle at a two-lane road in north-gu, Ulsan Metropolitan City, the Defendant was at the speed of the Si speed from the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the two-lane of which was at the speed from the north-gu, U.S., the Defendant was at the end of the crime part of the victim E(36 years old) driving, after the Defendant was at the end of the above vehicle due to occupational negligence, who did not look at the front side and the right side of the drunk, and did not accurately operate the steering direction and the brake system.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment due to occupational negligence, and violated the provision on the prohibition of drunk driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. A medical certificate;

1. Previous records: Application of criminal records and investigation reports (Attachment of the same criminal records) and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The criminal liability is heavier than that of Article 62-2 of the Social Service Order Criminal Act, which causes an accident due to the full driving even before the same kind of sentencing.

(b).

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