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(영문) 울산지방법원 2014.04.10 2014고정336

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a Bsch Rexn car. A.

around 00:20 on July 15, 2013, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.090% from a section of about 300 meters to a road near the water basin located in the same Ri from the CU convenience fri-Eup water in Yangsan-si.

B. Violation of the Road Traffic Act (Incrimination of accidents) the Defendant driven the above vehicle at the temporary border under the preceding paragraph and led the road near the water basin in the vicinity of the water basin to the increased mountain village along the two lanes from the water basin.

At the time, it was difficult to keep the center around the night, and there is a center line of the yellow-ray. In such a case, a person engaged in driving service has a duty of care to safely drive the vehicle by taking into account the front and right and the right and the right.

Nevertheless, the Defendant neglected to do so and is under the influence of alcohol as provided in the preceding paragraph.

The main part of the street trees and street lamps, which are planted and installed on the left-hand side of the direction of the proceeding, are damaged to the extent that the repair cost of the defendant is equivalent to 5,819,000 won, due to the negligence of breaking the central line, and did not immediately stop and check whether it is damaged, and did not take necessary measures such as reporting to the police office.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver;

1. Reports on the occurrence of traffic accidents;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 148 of the Road Traffic Act (the point of failing to take measures after accidents), and the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.