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(영문) 울산지방법원 2020.05.01 2020고정37

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On June 29, 2019, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.054% with a blood alcohol concentration of 0.05% on June 20, 2019, and driven the three-lane road in front of the Northern-gu, Ulsan Metropolitan City C extending from the upstream of the upper radiation distance to the intersection of the amambropian parallel.

At that time, in front of the defendant's running direction, the E-Poter's cargo vehicles driven by the victim D(57 years old) stopped in the signal atmosphere, and thus, the driver of the vehicle had a duty of care to prevent the accident by accurately operating the operation of the brake and steering gear and accurately.

그럼에도 불구하고 피고인은 위와 같이 술에 취하여 이를 게을리 한 채 그대로 진행한 과실로 위 포터 화물차의 뒤 범퍼 부분을 피고인이 운전하는 화물차의 앞부분으로 들이받았고, 그 충격으로 위 포터 화물차가 맞은편으로 튕겨나가 때마침 맞은편 1차로에서 직진 진행하던 F이 운전하는 G 쏘렌토 승용차의 왼쪽 뒤 펜더 부분을 위 포터 화물차의 왼쪽 앞부분으로 들이받게 하였다.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as a shot, etc., in which there are two or more open places where medical treatment is required for approximately two weeks, and the Defendant suffered, respectively, the injury to the victim H (V, 22 years old) who is the passenger of the said rocketing car, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident and site photographs;

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate issued by H and D;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1.Article 40 of the Criminal Code of Trade and Trade.