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(영문) 울산지방법원 2014.04.07 2014고정292

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving in the amount of CFIS and other automobiles.

Around 00:50 on June 12, 2013, the Defendant was driving the said vehicle under the influence of alcohol content of 0.174% at a section of approximately 10 kilometers of 0.174% of the blood alcohol content from a section of approximately 10 kilometers of Yancheon-gu, Ulsan-si to the Yancheon-gu, Chungcheongnamcheon-do.

B. As in the preceding paragraph, the Defendant, while under the influence of alcohol with 0.174% of blood alcohol content, was driven at a speed of about 60 kilometers per hour from the Ulsan Seaside to the front side of the 3-lane (including the two-lane prior to the back) of the two-lane line in the center of the two-lane line located in the Yancheon-gu Newcheon-gu, Ulsan Metropolitan City (including the two-lanes prior to the back).

At this time, the driver has a duty of care to prevent various accidents from breaking other vehicles because the driver well sees the front, the left, and the right-hand side, and sees the steering direction and the brake system in a safe manner, and therefore, the driver has a duty of care to prevent the accidents.

Nevertheless, the Defendant neglected to do so in a breath state while under the influence of alcohol as above and makes it difficult for him to do so.

By negligence that finds the damaged vehicle late, it is proceeding in front of the moving direction of the affected vehicle at the time.

The part behind the right edge of the E-Scar car driven by the victim D, which was stopped in accordance with the new rule, was turned down at a speed of about 10 kilometers per hour while stopping the part behind the right edge of the E-Scar car.

Ultimately, the Defendant suffered injury in need of approximately two weeks of medical treatment due to the following reasons: (a) the Defendant caused the Defendant’s negligence in the above occupational negligence; (b) the Defendant suffered from the Defendant’s climatic salt, tension,

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement on the occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;