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(영문) 울산지방법원 2019.01.24 2018고단3265

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is a person engaged in driving a mixed A7 without a registered motorcycle;

On August 2, 2018, the Defendant driven the above motorcycle while under the influence of 00:20% of blood alcohol concentration of 0.10%, and led the C hotel intersection in Ulsan Nam-gu B to proceed to the direction of the C hotel in the direction of the C hotel.

At this point, since the signal was installed, there was a duty of care to safely proceed to a person engaged in driving of a motor vehicle in accordance with the signals of signal apparatus and prevent accidents.

Nevertheless, the Defendant neglected this and got the front part of the E-driving vehicle, which was proceeding from the right side of the course to the left side of the E-driving vehicle, in accordance with the new code, due to the negligence of entering the intersection with yellow light, etc., in violation of the signal.

The Defendant, by the above occupational negligence, sustained injury to the victim G (V, 23 years old) who was on the Defendant’s motorcycle, by causing approximately 8 weeks of medical treatment to the victim G (V) who was on the Defendant’s motorcycle, such as the side slock, the part-time slock, the multi-slock typosis, the inspection, and the pressure frame of the 4-st

2. The Defendant, in violation of the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, driven a motor bicycle not covered by mandatory insurance in the state of alcohol alcohol concentration of 0.10% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. The actual condition survey report;

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

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts, and Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 44(