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(영문) 울산지방법원 2017.05.02 2017고단772

도로교통법위반(음주운전)

Text

Defendant

A A shall be punished by a fine of KRW 5 million and by a fine of KRW 3 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. On January 24, 2017, Defendant A driven a DNA car with approximately 2km alcohol concentration of about 0.116% from the section of approximately 2km to the road in front of Ulsan-gu, Ulsan-gu, Seoul-ro, 263, in a state of under the influence of alcohol content of at least 0.116% from the front of the 2km-gu, Ulsan-do.

2. Defendant B is a person who is engaged in driving of E-Poter cargo vehicles.

On January 24, 2017, the Defendant driving the above cargo vehicle around 19:25, and driving the two-lane road in front of the Handodododo in Hando in the front of the Handododoin Hospital at a speed of about 51 to 60 km from the dong River Hospital at a speed of about 51 to 60 km each other.

The Defendant was negligent by entering the intersection in contravention of the signal and received the front part of the right side of the D car driven by the victim A in front of the above cargo vehicle.

The Defendant caused the victim F by negligence in the above occupational negligence to the victim A and the passenger F, each of which requires two weeks medical treatment, thereby causing the injury of the face, such as satisfe and satum salt.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, actual condition survey report, report on detection of the driver of the main vehicle, estimate, and medical certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (i.e., the election of a punishment, the re-election, and the election of a punishment, and the imposition of punishment for the same kind of case after June 29, 2007)

B. Defendant B: Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 and Article 40 of the Criminal Act (Consideration of punishment, consideration of the choice of punishment, the opening of life, the purchase of comprehensive insurance, the non-existence of punishment for Victim A, etc.)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act