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(영문) 울산지방법원 2015.07.09 2015고정502
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a bent freight vehicle even in C. C.

1. On January 6, 2015, the Defendant, at around 04:17, driven the said vehicle under the influence of alcohol content of 0.121%, starting from the place before the mutual influorial drinking house located in the Nam-gu Namdong-gu, Ulsan-gu, Ulsan-do and driving the said vehicle at approximately two kilometers of approximately two kilometers after the fluorial point in the unfluoral-dong.

2. The Defendant driven the car at a temporary location such as the preceding paragraph, and continued to drive the car directly from the 2nd floor of the rooftop to the string distance.

Since there is a two-lane road in which a central line is installed, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle by accurately manipulating the steering side and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle, and was parked at the right edge of the opposite road beyond the center line on the left side of the lower side, and received the E- which is owned by the victim D(50 years of age). The E- which was placed at the right edge of the opposite road, was installed in front of the driver’s seat.

The Defendant, by negligence in the course of performing such duties, escaped from the site without taking measures necessary to prevent the danger of road traffic and ensure smooth communication while destroying another’s property equivalent to KRW 3,084,226 of the cost of repairing the damaged vehicle.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction and damage), and each fine shall be imposed;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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