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(영문) 울산지방법원 2018.08.22 2018고단1454
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2018, the Defendant: (a) driven a B-hand car under the influence of alcohol concentration of about 500 meters at a section of about 500 meters from the front day of the Busan Middle School located in the Ulsan-gun, Ulsan-gun; (b) to the front day of the entrance of the new village located in the Yongsan-do, Ulsan-do; (c) on April 14:30, 201, under the influence of alcohol level of about 0.209%.

Accordingly, the Defendant, who violated the duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a vehicle with the low price specified in paragraph 1.

At the time of the day set forth in paragraph 1, the Defendant driven the above car at the border of Ulsan-gun, Ulsan-do, at the direction of the entrance of the new village located at the Clindo-ri 843-21.

At the time, street lamps have been installed at the front, so the driver of the motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle by ensuring that the driver of the motor vehicle is thoroughly in the front and the driver of the motor vehicle has a duty of care.

Nevertheless, as described in paragraph 1, the Defendant’s failure to drive under the influence of alcohol level of 0.209% while driving a blood while under the influence of alcohol level of 0.20%, caused the victim’s street, etc. installed at the front line of the Defendant’s driving direction to the front part of the Defendant’s top-down vehicle.

Ultimately, the Defendant damaged the property of the victim to the extent of KRW 2,200,000 for repair costs due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. Written estimate;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving of a motor vehicle by drinking at least three times on the basis of relevant legal provisions and punishment for the crime: Destruction of property selected by imprisonment with or without prison labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, damage of property selected by type of crime: Article 151 of the Road Traffic Act, and selection of imprisonment without prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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