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(영문) 울산지방법원 2016.09.07 2016고단2405

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on June 16, 2016, the Defendant violated the Road Traffic Act (i.e., the accident-free vehicle) (i., the Defendant changed the lane to three-lanes while driving a B-to-speed motor vehicle, which is located on the defensive cycle road in Ulsan-dong, Ulsan-gu, Seoul-do, into the 60-70km at a speed of 60 km in the city, depending on the other side of the waterside of the Southern High School, along the two-lanes.

In this case, the driver of the motor vehicle has the duty of care to prevent accidents by prior notice of change of lanes by operating direction direction, etc. to those engaged in driving the motor vehicle, and by entering the lane to safely change the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and neglected to change the lane under the influence of alcohol, and caused the Defendant’s failure to change the front door part of the franchise car driven by the victim C, which was driven by the three-lanes following the Defendant, to be the front door part of the said Aburged car.

After all, the Defendant, by the above occupational negligence, destroyed to the extent of approximately KRW 522,50,00 of the repair cost, and escaped without immediately stopping and taking necessary measures.

2. Around 23:00 on June 16, 2016, the Defendant driven the said car while under the influence of alcohol of about 0.153% of blood alcohol content from the section of approximately 6.5km to the road in front of the Hyundai Motor Culture Center located in Ulsan-dong, Ulsan-dong, Dong-dong, Ulsan-gu. In addition, the Defendant driven the said car under the influence of alcohol of about 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. Application of the written estimate, and of each photographic Act and subordinate statutes;

1. Relevant Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

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