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(영문) 울산지방법원 2014.09.16 2014고정1167
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 15:10 on December 10, 2013, the Defendant driven a B rocketing vehicle under the influence of alcohol content of about 0.115% on the road located in the vicinity of the mountain village located in the Dong-dong, Ulsan-gu, Ulsan-gu to the roads located in the same city-gu, Jung-gu. In addition, the Defendant driven a blood alcohol concentration of about 10 kilometers on the roads located in the same city-gu, Jung-gu.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of B rocketing vehicles.

The Defendant driven the above vehicle while under influence of 0.115 percent of blood alcohol concentration at the same time as the statement in paragraph (1) and directed towards the roads near the Ansan-gu Hasan-do road from the direction of the Asan-do, Ulsan-do.

In such cases, a driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of the motor vehicle has a duty of care to prevent accidents in advance

Nevertheless, the Defendant neglected this and proceeded as it is, while being installed on the right side of the course, destroyed the property equivalent to KRW 500,000 at the market price, such as the repair of the diver part of the vehicle driven by the Defendant, by receiving the diver part of the diver part of the vehicle operated by the road department of the Ulsan-si Construction Headquarters.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Statement in the circumstances of an employee;

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the Road Traffic Act (the point of causing damage to property on duty), and Article 148-2 (1) of the Road Traffic Act (the point of causing damage to property on duty), each

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