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(영문) 울산지방법원 2017.03.30 2017고단260
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Criminal facts

1. On December 31, 2016, the Defendant was under the influence of alcohol level of 0.080% among blood transfusion around 01:40 on December 31, 2016, the Defendant driven a B B frith car from the front Do in front of the factory apartment in the south-gu, Ulsan-gu, Ulsan-do to the high-ranking level of 500 meters from the front Do in the front of the factory apartment in the south-gu, Ulsan-do.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B B-S car.

On December 31, 2016, the Defendant driven the above car at around 01:40 on December 31, 2016, and led to the flow from the border distance to the Cheong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

A person engaging in driving of a motor vehicle has a duty of care to care for driving a motor vehicle by observing the front side and left side, and the defendant neglected to do so, and the defendant, while entering the opposite lane while under the influence of alcohol of 0.080%, caused by the driver's negligence of entering the center and driving a motor vehicle on the opposite lane, and caused the driver's failure to drive the motor vehicle on the opposite lane.

Defendant 1 suffered injury to the victim, such as a dysium, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

1. Notice of the result of crackdown on driving drinking;

1. Accident scene and vehicle photograph;

1. Application of Acts and subordinate statutes to request cooperation in investigation;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) (the selection of a fine and the point of drinking alcohol), Article 3(1) and the proviso to Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing a traffic accident, the selection of a fine) concerning criminal facts;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be imposed as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment;

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