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(영문) 울산지방법원 2018.06.21 2018고정404

교통사고처리특례법위반(치상)등

Text

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

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 of a vehicle with a hurburged vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 28, 2018, while under the influence of alcohol 0.145% during blood transfusion, the Defendant driven the said A-to-purged vehicle at a speed of 0.145% and proceeded ahead of the “D” restaurant in Ulsan-gun C, Ulsan-do, at a speed that is impossible to know from the alternative shooting distance to the natural distance.

At the time, it was night, and the transition of the front door, and therefore, the driver of the motor vehicle had a duty of care to safely drive the brake and steering gear by reducing the speed and properly operating the front door and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding at the front part of the foregoing A-Wurged vehicle, was driven by the victim E (W, 36 years old) who was driven by the Defendant to circumvent to the above D, and was in the front part of the said A-Wurg vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle at approximately 500 meters from the Ulsan-gun G to the front of the “D” restaurant as referred to in paragraph (1) of this Article, while under the influence of alcohol with a maximum of 0.145% alcohol concentration in blood, the Defendant driven the said Aburged vehicle from the Ulsan-gun G to the front of the “D” restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. The actual survey report and on-site photographs;

1. The application of Acts and subordinate statutes to a notice of the result of regulating the driving of alcohol and a statement in the circumstances of drivers;

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, Article 268 of the Criminal Act (the point of causing occupational negligence), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol).