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(영문) 울산지방법원 2020.02.06 2019고단3871
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 05:10 on September 30, 2019, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 1km alcohol concentration of about 0.167% at the section of approximately 1km from the road front of the East-gu, Ulsan-gu, Ulsan-gu to the front of the viewing door located in the south-gu, Ulsan-gu, Seoul-ro 05:18 on the same day.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a vehicle BM3.

On September 30, 2019, the Defendant driven the said car under the influence of alcohol, such as paragraph (1) around 05:18, and led the Defendant to turn to the left in the direction of the private distance in the new market from the direction of viewing through the intersection in front of the viewing door 216 at the center of Ulsan-gu, Ulsan-gu.

At the time, there were nights, and there was an intersection in which signal lights are installed, so there was a duty of care to safely drive a person engaged in driving duties in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant violated the signal and went to the left at the intersection due to the negligence of entering the intersection, and received the center left by the victim C(53 years old) driving in the direction of a new market in the direction of a view-to-off.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Relevant Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act / [Selection of fines]

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), Article 50, and the proviso of Article 42 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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