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(영문) 울산지방법원 2017.11.21 2017고정954

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle for C6 getting on board.

A. On May 28, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said car while under the influence of alcohol level of 0.071% among blood transfusions on May 28, 2017; and (b) driven the distance from the school sexual intercourse north Korea, located in the Dong-gu, Ulsan-gu, Ulsan-gu, Ulsan-do, toward the direction of gender south along the east-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by accurately manipulating the steering system, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol as above, was negligent in operating the brake system at the latest and waiting for signal at the front section of the victim D (37) who was waiting for signal at the front section, and the part of the Defendant’s vehicle behind the E-learning car was sent to the front section of the passenger car of the Defendant.

Ultimately, the Defendant caused a traffic accident due to the above occupational negligence, and the Defendant suffered injury to the victim, such as salt pans, tensions, etc., requiring approximately two weeks of medical treatment.

B. On May 28, 2017, the Defendant was driving the said vehicle under the influence of alcohol with approximately 0.071% alcohol concentration on the road located in the half-gu, Ulsan-gu, Ulsan-gu, U.S. from the place of the mountain beach near the mountain beach located in Ulsan-gu, U.S. and up to the school distance northwest of the Ulsan-gu., the Defendant was under the influence of alcohol level of about 11km at around 0.071%.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on the detection of the driver involved and response to a request for appraisal;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (on duty and negligence), Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.