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(영문) 울산지방법원 2019.07.16 2019고정325

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle;

On January 30, 2019, at around 23:05, the Defendant driven the above low alcohol vehicle under the influence of 0.130% of blood alcohol concentration, and driven the two lanes in front of the Ulsan-dong C Apartment Ddong, Ulsan-gu, Seoul apartment zone, by turning the two lanes from E to the F apartment zone at a speed of about 20 kilometers from E, while moving to the latter part of C1 complex by right.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to safely circumvent by accurately operating the operation of the brake and steering gear.

Nevertheless, the Defendant neglected this and took part of the left side part of the victim G(33 years old) driving, which was going directly along two lanes in the same direction as the progress of the vehicle in the same direction while under the influence of alcohol as above, with the negligence of bypassing it as it is.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, which requires approximately two weeks of medical treatment.

2. On January 30, 2019, the Defendant driving a vehicle, at around 23:05, with a blood alcohol concentration of at least 0.130%, at a distance of about 2 km from the Ulsan-dong C apartment I-dong (U.S.) parking lot to the next road of the Ulsan-gu C apartment complex 1 complex (U.S.).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G victim;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition investigation report and the circumstantial statement report of a drinking driver;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 1530 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).