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(영문) 울산지방법원 2015.01.08 2014고단2972
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On August 22, 2014, at around 21:45, the Defendant driven B (hereinafter referred to as “C”) cargo vehicles under the influence of alcohol content of about 0.106% at the section of approximately 800 meters, from the gratary restaurant located in the gratary fish farm in Yangyang-si, Yangyang-si, Yangyang-si, to the grat-ro third-class apartment road in the above gratian, in the direction of approximately 800 meters.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a cargo vehicle under paragraph (1).

On August 22, 2014, around 21:45, the Defendant proceeded with the second line of the second line of the water-based 3rd apartment, which is located in the water-rural Eup in Yangsan-si, Yangsan-si, Yangyang-si. The two lines of the second line of the water-water 2nd from the water-water bank to the water-water station.

At this point, a person engaged in the driving duty as a place where the center line of yellow solid lines is installed, has a duty of care to protect the center line and operate safely.

Nevertheless, as in Paragraph 1, the Defendant, while under the influence of alcohol, was driving by the victim D(19 years of age) who was under the influence of alcohol in the line opposite to the above road due to the negligence in the course of business, which affected the center line with the second apartment of the fish-based 3rd apartment and left-hand turn, and caused injury to the victim, such as the left-hand slurf, the next part of the said cargo vehicle, which is shocked by the victim D(19 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and on-site photographs;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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