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(영문) 울산지방법원 2015.04.15 2015고단152
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. At around 18:50 on Nov. 9, 2014, the Defendant driven CM3 motor vehicles under the influence of alcohol with approximately 0.135% of alcohol alcohol concentration at the section of approximately 200 meters from the river parking lot located in Seodaemun-gu, Ulsan-gun, Ulsan-do to the front day of the same Eup’s Hanpo-gu, Hanpo-gun.

2. After the death of occupational negligence, the Defendant, at around 18:50 on November 9, 2014, driven the said car, and led the Defendant to proceed to the intersection of the shooting distance at the entrance of the speech and the riverside parking lot located in the Seodaemun-gu, Seoyang-gu, Ulsan-gun, Ulsan-do.

At the same time, on-and-off signal is installed. In such a case, the driver had a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping the front line while driving the driver.

Nevertheless, the Defendant was negligent in neglecting the duty of care in the front line of alcohol, and was driven by the victim D (the aged 21) of the victim D (the age of 21) who was going straight along one lane from the right side of the front line of the car driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury by both sides of the brue, etc., requiring medical treatment for approximately two weeks, and at the same time escaped without immediately stopping the above brue and taking measures, such as providing relief to the victim, even though the said brue was damaged to have an amount equivalent to KRW 1,750,000.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on a school traffic accident, a survey report on actual condition, a photo on the scene of the accident, and a site photograph of the traffic accident;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Investigation report (to conduct telephone investigation, police officer's F phone statement hearing, hearing of victim's telephone statement);

1. Application of Acts and subordinate statutes of a medical certificate and estimate.

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