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(영문) 울산지방법원 2018.12.13 2018고단2747

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

On August 29, 2018, while under the influence of alcohol concentration of 0.220% among blood, the Defendant driven a clock vehicle at the speed of 0.220% and proceeded along the military office distance on the side of an industrial tower according to the two-lane 4-lane 44, Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do. As above, the Defendant, under the influence of alcohol, had the victim D (31 years old) who was stopped while driving the E-learning vehicle at one lane ahead of the running direction of the said clock vehicle, and caused damage to the victim D (31 years old) who was under the influence of alcohol level, and caused damage to the victim's clock and the above 2-day treatment for the said clock vehicle by spreading the clock to the victim F (45 years old-gu) and the above clock to the victim's clock and the above cater.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver involved, response to a request for appraisal, and report on the detection of the driver involved;

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

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses are severe to the extent that the reason for sentencing is taken, and the criminal liability is heavy.

However, the first offense is against the victim, the degree of injury of the victims is less and agreed with the victims, and the defendant's age, occupation, family environment, and crime are committed.