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(영문) 울산지방법원 2020.12.03 2020고단2002
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

【Criminal Power】 On June 28, 201, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B in the low-speed.

On April 1, 2020, the Defendant was under the influence of 0.122% of blood alcohol concentration at around 23:10, while driving the said high-speed car and driving the road of one-lane C in front of the Ulsan-gun, Ulsan-gun, the U.S., in Ulsan-do, into E-sections, from D. D.c., the Defendant was under the influence of alcohol, due to occupational negligence, failing to accurately operate the steering direction and brakes without properly examining the steering direction and the left and right of the drunk, and received the part of F Gschton driving seat on the back of the math of the said high-speed car in front of the steering direction of the said high-speed car.

Ultimately, the Defendant did not immediately stop and take necessary measures despite the damage of the above Bosch Rexton car to the extent of the above 2,732,684 won due to occupational negligence, and violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, reports on the results of the drinking driving control, and written estimates;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and investigation reports (attached to the previous order and related summary orders);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), the choice of fines, and the choice of fines;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order has a record of being punished once 201 due to drinking driving, and the drinking water is high.

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