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(영문) 울산지방법원 2018.04.11 2017고단4389
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B low-priced car.

On November 22, 2017, the Defendant driven the above car at a speed of 23:10, and, unlike the road of three-lanes in front of Ulsan-gu C, Ulsan-do, the Defendant proceeded from the private distance to the private distance one lane.

At the time, there is a duty of care to prevent accidents, such as: (a) a night and a place where the passage of vehicles is frequent; (b) a person engaged in driving a motor vehicle, who is engaged in driving a motor vehicle, by living well the right and the right, and the right and the right, and accurately operating the steering and brake system in a clean mind

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and neglected to do so, and was negligent in proceeding in the front direction, and the Defendant received the part of the Defendant’s driver’s vehicle in front of the driver’s vehicle, following the front direction of the victim D(V) who stopped over a one-lane and the preceding lane of the crime.

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

2. On November 22, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle with B low alcohol level of 0.102% alcohol level from the 3km section to the front road of the new zone located in the same new zone and new zone in the same new zone.

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. A written statement;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment (see, e.g., circumstances favorable to the following grounds for sentencing): Occupational injury and actual injury: Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; elective driving of fines: Road Traffic Act.

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