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(영문) 울산지방법원 2014.02.14 2013고정1395

도로교통법위반(음주운전)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in the case of B ES(K7).

1. Around 03:30 on March 21, 2013, the Defendant was driving the said vehicle under the influence of alcohol content of about 0.068% at a distance of about 800 meters to the road near the balpular road located in Ulsan-dong, Ulsan-gu, Busan-do, and thus, at around 03:30, the said vehicle was under the influence of alcohol content of about 0.068%.

2. When the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, when driving in the same situation as the preceding paragraph, and driving ahead of a road at a speed of about 60 km in speed from the south-gu, Ulsan-gu to the south-gu office at the speed of about a speed of 60 km, the Defendant had a duty of care to overtake the vehicle ahead at a safe speed and in a safe manner, such as using a direction indicator, light light or horn, depending on the speed, route and other road conditions of the vehicle running ahead.

Nevertheless, the defendant's negligent driving of the car driven by the victim C(the age of 28, South) due to the driver's negligence, the victim C(the age of 28, South) shocked the driver's length in front of the driver's seat of the car, and due to this collision, the above damaged vehicle was pushed down on the right side, and the door was shocked after the driver's seat of the damaged vehicle E-car parked.

As a result, the Defendant suffered respectively injury to victims C, victims F (31 years of age, south), victims G (29 years of age, south) who need medical treatment for three weeks of diagnosis due to such negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, F and G;

1. A survey report on actual condition and photographs related to accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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