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(영문) 울산지방법원 2014.01.13 2013고정1348
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a motor vehicle vehicle B;

1. On March 4, 2013, at around 03:45, the above vehicle was driven in the form of a main alcohol of 0.10% of blood alcohol concentration, and the road was driven along one-lane of the two-lanes from the educational intersection to the intersection in the direction of the school, along that the vehicle was driven in the direction of the students C (28 years old) driving, who was under the influence of alcohol while driving the vehicle at the direction of the center of the center, and was driven along the two-lanes in the direction of the intersection in the direction of the school, and was driven by the driver of the victim C(28 years old), who was under the influence of the center, was driven by the driver of the vehicle of the victim, who was under the influence of the driver of the vehicle of the victim, and caused the victim to suffer from the injury of the brain, such as the brain, which had no open address for treatment for about six weeks.

2. At around 03:40 on the same day, the said vehicle was driven under the influence of alcohol of about 0.10% of the blood alcohol concentration of 0.10% in the section of approximately 1k from the alley-gu Busan Metropolitan City, Busan Metropolitan City, and then from the alley of the department store next to the department store to the alley-gu, the transmission cafeteria restaurant in the same location;

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. Report on traffic accident (1) and (2) (2)

1. A report on detection of a host driver (A);

1. A medical certificate (C);

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act does not apply to cases where public prosecution is not granted pursuant to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2) proviso of the Criminal Act. In addition, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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