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(영문) 울산지방법원 2016.11.22 2016고단3267
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for a special injury at the Ulsan District Court on September 21, 2016, and the judgment became final and conclusive on September 29, 2016.

1. On July 9, 2016, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license) and the Road Traffic Act (hereinafter “Road Traffic Act”) on the following occasions: (a) on July 9, 2016, the Defendant driven without registration 124CC at the level of 0.281% blood alcohol concentration without a driver’s license; and (b) on the one hand, turn to the left at the seat of the head of Ulsan-gun, Ulsan-gun, Ulsan-gun, the head of Sinsan-gun, the head of Sinsan-gun,

In this case, there was a duty of care to safely drive a driver on the front side and the left side of the driver.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and caused the damage to the repair cost in the city due to the negligence of the Defendant’s failure to take part in the front part of the above Oralba, which is the centralization group and traffic signs owned by the victim.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said urbane, which was not covered by mandatory insurance, at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. A report on the driving of alcohol, a report on the driving of alcohol, and a report on the results of the control of drinking alcohol;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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