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(영문) 울산지방법원 2018.04.11 2017고단3554
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and on July 9, 2013, a fine of four million won as a crime of the same offense in the Busan District Court's Dong Branch.

The defendant is a person who is engaged in driving a rocketing car.

On August 31, 2017, the Defendant driven the said car under the influence of alcohol content of 0.085% in blood around 20:30 on August 31, 2017, and continued the front side road of Ulsan East-gu E, Ulsan-gu, with a dynasing-water outflow from the outside park of dancing to the waterside.

The location is that there are many vehicles parked on the roadside, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the front, the left, the well, and the steering gear of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and was parked on the right-hand side of the Victim F, who was parked on the right-hand side of the passenger car of the Victim F, was shocked by the front line of the car of the victim F, which was parked on the right-hand side.

Ultimately, the Defendant, by occupational negligence as above, destroyed the car in the Switzerland amounting to KRW 1,654,301 as repair cost, and escaped without providing personal information to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Statement made by the police with regard to F;

1. Written estimate;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving of alcohol at least three times on the basis of the relevant law and punishment for the crime: Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act; Provision of personal information after destroying the sentence of imprisonment: Selection of a fine, Article 156 subparag. 10 and Article 54 (1) 2 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Reduction of a small amount: concerning crimes of violation of traffic laws on roads;

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