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(영문) 울산지방법원 2017.01.12 2016고단4447

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 18, 2016, the Defendant, while under the influence of alcohol at around 01:00, driven a math car from Ulsan-gun, Ulsan-gun, a criminal who committed a crime for the use of a gramg in Eup/Myeon to 2744 in the same Gun, in the shape of alcohol leveling 0.157%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car at the time of the above day and driving it on a two-lane road in front of the 000 U. Ulsan-gun, Ulsan-gun, Ulsan-do, one lane, leading directly from the old profit-making side to the 00000 village.

Although a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by thoroughly maintaining the front time of the week, maintaining the safety distance with the motor vehicle ahead, the defendant neglected this duty and caused the following part of the DSS5 motor vehicle driven by the victim C (V, 29 years old) who was driven in the front time of the motor vehicle due to the occupational negligence of the motor vehicle driven while under the influence of alcohol by the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the place of crime, report on occurrence of a crime, and report on the results of investigation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Verifying the purchase of a comprehensive motor vehicle insurance policy, making inquiries into the specifications, and making inquiries into the mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (two crimes) of the Act on the Aggravation of Concurrent Crimes