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(영문) 울산지방법원 2018.08.01 2018고정216
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On September 24, 2017, the Defendant: (a) driven a Eco-sports vehicle under the influence of alcohol content of 0.068% while under the influence of alcohol on the roads front of the D convenience store located in Ulsan-gu, Ulsan-gu; (b) around 04:00 on September 24, 2017.

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

On the same date as described in paragraph 1, the Defendant driven the said car under the influence of alcohol content of 0.068% in blood at the same time as that of paragraph 1 and proceeded to the intersection of a private distance without any signal prior to the D convenience point in Ulsan-gu C from the direction of F, at the speed of 13.9km in the direction of G.

At this point, since it is a private-distance intersection where no signal is installed, there was a duty of care for a person engaged in driving of a motor vehicle to see the right and the right of the intersection well and to drive the motor vehicle.

Nevertheless, due to the negligence of neglecting the remaining under the influence of alcohol and entering the intersection without temporary suspension or slowly, the Defendant received the front part of the victim I (56) driving in the direction of the H market from the direction of the Y Park at the time, as the front part of the J-si driving in the direction of the H market.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of K, L, and I for a witness;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Medical certificate (I);

1. On-site investigation report (on-site investigation)

1. Application of the Acts and subordinate statutes of impeachment;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 148-2 (2) 3 of the Road Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines for each crime;

1. Aggravation concurrent crimes;

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